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Search: Symposium on the Functional Approach to the Law of Occupation

12 Sep

laws of war) -- but it is the international laws of war that are incorporated by reference--somewhat the same with the War Crimes Act (although some definitions and standards radically deviate from international law and should not be used). Jordan and the point should be made that what had been prosecuted since the Revolutionary War as violations of the laws of war prior to the existence of the first implementing statute (in 1916) was the international laws of war, not some peculiar U.S. "common law." Looking back in U.S. history,...
12.09.13 | |

31 Aug

[Tony Anghie is a Professor of Law at  the University of Utah and National University of Singapore and the Head, Teaching and Researching International Law (TRILA), Centre for International Law, at the National University of Singapore.] Introduction I believe that questions of pedagogy and the teaching of law and critical theory must be considered in the context of the goals we seek to achieve as teachers. I teach my introductory public international law in the classical, positivist form. As I shall try to explain, I think teaching the classical approach...
31.08.20 | |

06 Sep

IHL is not properly equated with Vattel’s “voluntary” law, which is law evidenced in or derived from natural law principles, generally observed for its utility, and obligatory on civilized states through their presumed (rather than express or implied) consent. Vattel identifies three other categories of international law, (1) necessary, (2) customary and (3) conventional. Only necessary law, which consisted of the direct application of natural law to nations, was immutable or absolute. Vattel classified the other three types, including voluntary law, as composing the “positive law of nations” because “they...
06.09.11 | |

26 Apr

[Aeyal Gross is a Professor at Tel-Aviv University, Faculty of Law.] This is the first response in our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. In her contribution to this symposium, Valentina Azarov asks who would decide, were the law of occupation not to apply in a “holistic” fashion, what set of obligations binds the occupying power at any given point. She expresses a concern that applying different sets of obligations at...
26.04.12 | |

05 Nov

principles of law, but political judgements about the particular situation. That's not law, its a popularity contest. el roam Thanks for the post. It should just be noticed, that: the Israeli court (supreme court 201/09 , 248/09 for exe) regards functionally the Gaza situation as obliging the IDF (Israeli army) to provide the population of Gaza, any humanitarian provisions, deriving from the control or blockade of the IDF over Gaza , let alone those in actual military conflict . It means, that there is a sort of functional or effective...
05.11.14 | |

06 Sep

Professor of Criminal Law, SOAS) Henry Jones (Assistant Professor, Durham Law School) Ioannis Kalpouzos (Lecturer, City Law School) Adil Hasan Khan (McKenzie Postdoctoral Fellow, Melbourne Law School) Sara Kendall (Senior Lecturer, Kent Law School) Rachel Killean (Lecturer, School of Law, Queen’s University Belfast) Robert Knox (Lecturer, School of Law and Social Justice, University of Liverpool) Tor Krever (Assistant Professor, University of Warwick) Dino Kritsiotis (Professor of Public International Law, School of Law, University of Nottingham) Andrew Lang (Professor, Department of Law, London School of Economics and Political Science) Mark McMillan...
06.09.17 | |

25 Mar

before I started teaching there. There are more comparative law scholars of note, but not many more. Comparative constitutional law is a growing field, but still so much of the scholarship is about whether or not American courts should reference the constitutional law of other countries (a question which is just as much, if not more, about American constitutional interpretation as it is about comparative constitutional law). Yale has a few prominent comparative public law scholars, in comparative constitutional law and comparative public law or comparative law more generally (Mirjan...
25.03.08 | |

30 Aug

[Eugene Kontorovich is a Professor at Northwestern University Pritzker School of Law. This post is part of an ongoing symposium on Professor Aeyal Gross’s book The Writing on the Wall: Rethinking the International Law of Occupation (CUP, 2017).] Prof. Gross’s excellent book The Writing on the Wall: Rethinking the International Law of Occupation presents a normative synthesis of international humanitarian and international human rights law design to provide an occupation law regime acutely focused on protected persons and the ensuring that the temporariness of the occupation. Gross’s honest embrace of...
30.08.17 | |

20 Nov

and Purpose of International Law seems to me squarely within that long tradition. It is an immanent critique of academics-in-apostasy, who are embracing once again doctrines of realism and consequentialism, and forsaking the idealism and natural law of their fathers, Grotius and Henkin et al.; and in their embrace they threaten to lead astray even such parts of the world of international law that are international law in the natural law sense, which is to say, such achievements as international law has achieved. And seen in this light, the manichaeism...
20.11.08 | |

17 Sep

...– whatever else it might be – is not actually a violation of international law by that party. States can violate international law, are subjects of international law, and can be liable under international law. Individuals under some circumstances can violate (a relatively narrow list of things in) international law, can be subjects of it, and can be liable under international law. But what about juridical persons, artificial persons – corporations? The opinion says flatly that corporations are not liable under international law – not even to discern a rule,...
17.09.10 | |

26 Apr

[Dr. Matthew Saul is a Research Fellow at the Norwegian Centre for Human Rights and Lecturer at Durham University, UK (on leave)] This is the third response in our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. Thank you to all of my fellow symposium participants for a very interesting set of posts. This symposium has clearly raised a number of very important issues. One point that I find particularly interesting is the...
26.04.12 | |

19 Sep

law in cyberspace at all? The Answer: Because compliance with international law frees us to do more, and do more legitimately, in cyberspace, in a way that more fully promotes our national interests. Compliance with international law in cyberspace is part and parcel of our broader “smart power” approach to international law as part of U.S. foreign policy. It is worth noting is a fundamental difference in philosophy about international law. One way to think about law, whether domestic or international, is as a straitjacket, a pure constraint. This approach...
19.09.12 | |