Search: Symposium on the Functional Approach to the Law of Occupation
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...09 Nov Events and Announcements: 9 November 2025
erga omnes obligations, due diligence, lex specialis, and state responsibility. They also raise questions about the reach of climate change law into other branches of international law, including human rights, the law of the sea, international economic law, and the law of armed conflict. Please submit an abstract (max. 400 words) to k.maslo@uksw.edu.pl by 25 November 2025. Include your name(s), affiliation(s), and indicate the timeliness and relevance of your proposed paper to this issue. Yearbook on the Law of the Sea – Unilateralism, Fragmentation, and the Evolving Balance of Power...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...
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...22 Aug Guest Post: Criminal Law Pays – Penal Law’s Contribution to China’s Economic Development
imperfect, to foster development. That is certainly the case with China. Indeed, recent events indicate that the Chinese government is increasingly leaning on criminal law to address a range of areas that affect economic growth, including pollution, food safety, and financial fraud. Looking beyond China, the law and development literature more generally has not seriously discussed criminal law. At a time that many are rethinking the role of law in economic development, it is worth broadening the type of law being considered to include criminal law. A 2012 legal note...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...16 Jan Armed Conflict With Al Qaida: A Response
...the argument about the applicability of international law to the conflict with al Qaida. Fundamentally, what is at stake is the reputation of the United States as a nation that takes international law seriously and that does not bend the law to meet our immediate needs. It is true that when novel situations present themselves, governments have some flexibility in how they adapt traditional rules to new realities. But United States cannot regard international law as something to be completely redone whenever a new challenge presents itself, and must care...
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...04 Jan Events and Announcements: 4 January 2026
To have your event or announcement featured in next week’s post, please send a link and a brief description (1-2 paragraphs) to ojeventsandannouncements@gmail.com. Announcement New additions to the UN Audiovisual Library of International Law (AVL): The Codification Division of the Office of Legal Affairs recently added the following materials to the United Nations Audiovisual Library of International Law: two lectures, in English and Spanish, on Full Protection and Security in International Investment Law, by Sebastián Mantilla Blanco, Assistant Professor of International Economic Law at Fletcher School of Law and Diplomacy, Tufts University; and two lectures,...