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

[Zinaida Miller is Professor of Law & International Affairs at Northeastern University.] In his wide-ranging exploration, Gerry Simpson demonstrates the fundamental tensions experienced within international law and by international lawyers as they simultaneously embrace and distance themselves from the individuals, sites, histories, modes of violence, and narratives at the center of their work. To approach international law through the sentimental, Simpson suggests, allows him to understand it not only through the lenses of literature, emotion, and sensibility but as a “life lived” by people with professional and personal preoccupations and...

[Elizabeth Stubbins Bates is a PhD candidate in Law at SOAS, University of London.] States must disseminate international humanitarian law (IHL) as widely as possible, and integrate it into programmes of military instruction. These obligations exist in international and non-international armed conflict (with differences between treaty and customary international law for the latter) and are among the few IHL duties on states in peace-time. International humanitarian law typically applies only during armed conflict or belligerent occupation. This post tackles the assumption that simply disseminating or teaching IHL is sufficient to...

[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...

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...

...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...

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...

are moving from being the outcome of the rule of law to the condition of the possibility of the rule of law. Drawing on the Georgian protests and the subsequent opinions of the Venice Commission, I argue that this shift offers liberal constitutionalism one of the answers to the challenge of autocratic legalism. No to the Russian Law In February 2023 the Georgian Parliament passed the “Transparency of Foreign Influence” bill, which used the label “agent of foreign influence” for any NGO, media outlet, or similar entity that receives at least 20...

...rights law, for pro-terrorism, then one must admit that, by any realistic account, Peruvian post-conflict reconciliation has been, at best, incomplete, and, at worst, a failure. The Peruvian experience can serve as an important reminder for other post-conflict societies, both in the Latin American region and beyond, that perception – how people feel about the law – matters, especially in times after social turmoil. It is difficult to say, however, what could have been done differently. The decision to reject international humanitarian law and international criminal law was made at...

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....

met with hostility). Note the awe with which some law faculties treat the economic analysis of law (especially involving formulas), or quantitative empirical methods (especially involving experiments). In other faculties deployment of critical methods can get you a long way. The prestige premium attached to certain methods can be partially explained by the fact that law schools still struggle to distinguish themselves from trade schools, and legal scholars struggle to differentiate their intellectual position from that of the judge, lawyer or activist.  In such environments, doctrinal study of law might...

They have also analyzed the production of international treaties by transnational elites and their localization and translation on the ground. Given the critical need to uncover how international law is produced and operates in practice, legal scholars can gain insights from anthropological literature and adopt ethnographic tools in their own analysis. As I will outline below, anthropology offers unique insights in understanding international law behavior. What is an Anthropological Approach to International Law Anthropological theory and methods enables the study of how international law operates in practice, from how it...

B. Sentelle, U.S. Court of Appeals, D.C. Circuit Administrative Law: Immigration, Amnesty, and the Rule of Law Dean T. Alexander Aleinikoff, Georgetown University Law Center Prof. John Baker, Louisiana State University Prof. Kris W. Kobach, University of Missouri-Kansas City School of Law Prof. Gerald L. Newman, Harvard Law School Moderator: Hon. Carlos T. Bea, U.S. Court of Appeals, Ninth Circuit Showcase Panel II: Is America Different from Other Major Western Democracies? Prof. Randy E. Barnett, Georgetown University Law Center Prof. James Lindgren, Northwestern University School of Law Mr. Bruce Stokes,...