Search: Symposium on the Functional Approach to the Law of Occupation
23 Nov What if ATS Liability has Nothing to do With “Customary” International Law? Part II
(As a note, the law developed by 18th-century Prize courts, perhaps the highest profile law of nations in 1789, often bears a much closer resemblance to the sort of transnational/international common law described in the prior post, than to a modern customary international law described by Oppenheim.) If international law has developed to include new forms of law, including area-specific common law, then these forms should be as relevant to the ATS as customary international law would be. More importantly, recognizing that the jurisprudence of international criminal tribunals represents a...21 Nov What Makes (International) Law Law? Liam Murphy
of Liam’s book that bears the title of the book is in fact a discussion of “law beyond the state”. Liam begins from the much neglected short chapter on international law in Hart’s The Concept of Law, where Hart actually uses international law as an example for the proposition that centralized enforcement and interpretation are not essential elements of a legal system. What is essential is a certain level of systemic integration and coherence, and here Liam faces head on the so-called “fragmentation” of international law. He writes: “At the...
21 Mar Symposium on Early Career International Law Academia: “You Keep on Using that Word” – on Methods in (International) Legal Scholarship (Part I)
engage in that thing that lawyers “do”: to tell people – judges, clients, students –what the law is. Within this self-contained world, there were legal sources, and there were professional cues and expectations about what it takes to make a convincing argument on their basis. The legal scholar was basically a lawyer with more time to write long things. In international law scholarship, the hallmark of this tradition is of course the international law treatise. It is true, that for some time, traditional scholarship insisted on viewing law as a...
24 Feb Harmonizing Global Health Law and Human Rights Law to Develop Rights-Based Approaches to Global Health Emergencies
the law must take into account these changing circumstances. The pandemic provides an opportunity to clarify human rights law and develop global health law in step with pressing threats to human dignity and flourishment in the modern era. Processes to update, nuance and supplement the Siracusa Principles and IHR are important to this process – providing an opportunity to harmonize human rights assessments across human rights law and global health law. Working together across legal regimes, the ICJ and the Global Health Law Consortium are developing a consensus-based restatement of...
09 May Why Does the United States Continue to Oppose International Courts?
the response” (p. 76) or breach their political authority in responding to international crises. The Supremacy of Law Whether the constitutional tradition of the United States recognizes the supremacy of international treaty law over domestic laws is a matter of intellectual contestation and legal dispute. Since the 1790s, the U.S. Supreme Court has relied upon and incorporated the international legal doctrine into domestic case law. The more recent “internationalist” turn of the Court, however, has generated political controversy and raised largely unsubstantiated fears over the irreversible diminution of U.S. sovereignty. ...09 Jan Most Popular Law Blogs
actually reading the law blogs, unless the numbers for TLB traffic rankings and RSS feed readership estimates can be combined together. If there is an easy way to access and combine those two groups of readers in traffic estimates for all the major law blogs I would like to know. UPDATE: TaxProf Blog has modified this ranking and excluded law blogs by practitioners (How Appealing, ACS Blog, Appellate Law and Practice, Southern California Law Blog, CrimLaw). The ranking of the most popular law blogs by law professors is available here....
28 Oct Fifth Annual Symposium on Pop Culture and International Law: International Law in the Arena – What Squid Game Teaches About Exploitation and Power
[Eirini Fasia is a lecturer at the Law Group of Wageningen University in the Netherlands and holds a DPhil from the University of Oxford specializing in public international law, environmental law, and the law of the sea] ‘This is hell. What are the rules in hell?’ Jang Deok-su, Season One Netflix’s Squid Game (2021-2025) offers more than a dystopian spectacle. It dramatizes economic desperation through a lethal contest where indebted players gamble their lives for survival. The series belongs to the ‘survival game’ genre, along with Battle Royale and the...21 Sep Asian Society of International Law Call for Papers for Beijing 2011 Conference
in International Criminal Law: Peace and Justice, the International Criminal Court, Issues of Universal Jurisdiction Migration and Dislocation: Refugees, Migrant Workers, Internally Displaced Persons Armed Conflict, International Law, and Human Rights Asia, Regional Arrangements and Free Trade Agreements (including comparative studies of regionalism, regionalism and security arrangements) Transnational Litigation and Arbitration in Asia Intellectual Property and International Law The Effect of Treaties and Foreign Law in Domestic Courts in Asia The Contribution of Asian Judges and Jurists to International Law Asia and Third World Approaches to International Law International Law...08 Feb On Is International Law International? ‒ Where Next?
the similarities and differences between Chinese and Russia claims about international law? Roberts contrasts the insularity of Russian educational and publication practices with the remarkably cosmopolitan approach of Chinese international lawyers, as indicated by both where they go to school and where (and in which language) they publish. Do these differences make a difference in what Russian and Chinese specialists say about international law? The recently published joint principles on the promotion of international law suggest substantial overlap in the Sino-Russo approach to big-picture issues in general international law. Some...11 Jul Peru’s Plurinational Debate on Indigenous Law
...described as a kidnapping, extorsion and a violation of freedom of the press. The journalists, in fact, argued this was the result of President Castillo’s hostile attitude against the press. Others, however, argued that Peruvian law grants indigenous communities full ownership over their communal land, as well as the power to enforce communal law through these Rondas Campesinas. In other words, what happened was not a kidnapping or an extorsion, but a lawful detention and to some even lawful punishment under communal law by one of the Chota Rondas. Since...