Search: Symposium on the Functional Approach to the Law of Occupation
16 Jan Comment on Simon Chesterman, `Asia’s Ambivalence about International Law and Institutions: Past, Present and Futures’
on his separate opinion in Gabcikovo-Nagymaros Project (Hungary/Slovakia) (.pdf)) or on non-state actors in Asia. (For example, see Balakrishnan Rajagopal, `The Role of Law in Counter-hegemonic Globalization and Global Legal Pluralism: Lessons from the Narmada Valley Struggle in India’, Leiden Journal of International Law 18(2005) pp. 345-387 and Prabhakar Singh, `Indian International Law: From a Colonized Apologist to Subaltern Protagonist’, Leiden Journal of International Law, vol 23 (1), March 2010, pp. 79-103.) History suggest that states that wield great power develop imperial tendencies. International law as it is currently configured...
23 Sep The RBG Legacy: Equality and Inspiration
own communities rather than institutions, with undue institutionalisation amounting to disability discrimination. Ginsburg’s experience as a legal researcher and law professor took her to explore other jurisdictions, such as Sweden, China, and Taiwan. Ginsburg was open to looking beyond the US to the laws of other states, and criticised US lawyers for not using foreign or international legal developments in their arguments before the Supreme Court because this lacuna minimised the influence of international and foreign law on Supreme Court decisions. RBG considered that evaluation of foreign and international law...01 Jan Exploring International Law with Opinio Juris in 2013: Highways, Back Roads, and Uncharted Territories…
International Law and Politics, and the Harvard International Law Journal. We had book discussions on Anupam Chander’s book The Electonic Silk Road, Freya Baetens’ edited volume on investment law within international law, Jeffrey Dunoff’s and Mark Pollack’s edited volume on international law and international relations theory, Katerina Linos’s book The Democratic Foundations of Policy Diffusion: How Health, Family and Employment Laws Spread Across Countries , Eric Posner and Alan Sykes’s book The Economic Foundations of International Law, and Curtis Bradley’s book International Law in the U.S. Legal System. We also...
08 Dec Symposium in Remembrance of Judge Antônio Augusto Cançado Trindade: “Above the Will Stands the Conscience” – Antônio Cançado Trindade’s Missionary Jurisprudence
figure of Latin American international law was his vision—his “weltanschauung”, as Andrea Bianchi once put it—of “a humanized international law”, based on the notion of “a new jus gentium”. Cançado Trindade was a jurist who saw international law, or law in general, as a collection of principles that should guide humankind towards peace and human fulfillment, a notion based on natural law and general principles, with jus cogens norms at the center of all debates on international legal obligations. Cançado Trindade’s view of international law was not state-centric, but centered...
18 Jun Contingency in International Law Symposium: Revisiting the Impossible–Contingency and the International Law of the Business Corporation
that, even though this case does not necessarily form an integral part of the history of investment law, it “has ‘counter-intuitively’ boosted foreign investment law and investor–state arbitration” (p. 416). She then inquires whether a different decision in the case of Barcelona Traction would have stood in the way of a separate regime for dispute-settlement in international investment law. Her answer is ‘maybe, but probably not’. The authors who engage with the issue of corporations and international law in this volume frequently follow Susan Marks’ classic essay and warn us...24 May Detention in the News
a lawful combatant, and since no detained enemy is regarded by the US as a lawful combatant (and no lawful combatant could be brought before a comission under the text of the MCA) it is impossible to charge anyone with that crime under the MCA. The Geneva conventions allow an occupying power to try a charge of murder using local domestic law as the basis, but it is not clear that that option is still available. While some laws claim extraterritorial jurisdiction (providing material support to a terrorist organization), I...
16 Oct The Trump Administration and International Law: A Reply
[Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. He returned to Yale in January 2013 after serving for nearly four years as the 22nd Legal Adviser of the U.S. Department of State.] I have been educated by the thoughtful symposium on my new book, The Trump Administration and International Law (Oxford University Press 2018). I am grateful to the committed colleagues who contributed to this Symposium for enlightening me, and deepening my understanding. I especially thank my kind friend Kevin Jon Heller for graciously hosting...30 Aug Symposium on Occupation Law: Fitting a Square Peg into a Round Hole
[Diana Buttu is a lawyer and activist who is currently a law fellow at the University of Windsor Law School. 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). ] This June, Israel marked 50 years of military occupation of the West Bank, Jerusalem and the Gaza Strip. Far from being a sombre affair, this anniversary was met with wide celebrations by Israeli politicians across the political spectrum. Titling the event “50 years...29 Feb The “Crucial” Choice of Law Question in Kiobel
of the “choice of law” question to this case. The “choice of law” question is whether international law or domestic law governs the question of corporate liability. The importance of the “choice of law” question might seem surprising. After all one might expect that a leading international human rights lawyer like Kiobel’s attorney, Paul Hoffman, and a leading scholar of international human rights law like Professor David Weissbrodt, would invoke international law to justify holding corporations accountable for humanitarian atrocities. Yet both (along with the Obama Justice Department) are insisting...08 Oct Targeted Killings and Incentives
...Punishment for murder by an unlawful combatant occurs only under an applicable domestic/municipal law. By virtue of the later-in-time rule in the U.S. (later municipal law supersedes inconsistent earlier international law), any such domestic authorization controls in U.S. courts. Thus, the decision is not whether to commit murder (under U.S. law) or attempt indefinite detention that U.S. courts might not permit (I am unwilling to say or imply that there might be torture or other inhuman treatment involved in such detention). It is between a "justified" killing in U.S. law...