Search: Symposium on the Functional Approach to the Law of Occupation
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 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...28 Apr Weekend Roundup: April 21-27, 2012
...verdict in the Charles Taylor case, Kevin Jon Heller reminded us that Taylor is not the first former head-of-state to be judged by an international tribunal and following the verdict, Kevin posted in response to the verdict and about the one “dissenting” voice of alternative Judge Sow. This week’s main event was the Symposium on the Functional Approach to the Law of Occupation. During the symposium: Aeyal Gross explored what the “functional approach” to occupational law actually is. Sari Bashi reluctantly defended the law of occupation here, explaining why Israel...
29 Feb Charting a Pathway to Resolving Conflicts through Harmony and Mediation: Chinese Approach to International Conflict Management
...This strategy, carefully devised to manage conflicts, has resonated with other countries that share a non-interventionist agenda. This piece argues that the essence of China’s approach to mediating conflicts should be distilled and shared as valuable elements of peacemaking in a world that desperately needs it. Harmony v. Liberalism Norms: The Emerging Principle to Manage Conflicts In fact, China’s foreign diplomacy focuses on the theme of a harmonious world, which represents a nuanced approach to navigating complex international situations, including conflicts. This approach signifies a shift in China’s role within...31 Aug Symposium on Occupation Law: Control and the Law of Occupation
law of occupation is fraught with complex realities. One of these realities is that new forms of technological and political control are increasingly relevant to the law of occupation. Citing the 2015 ECHR decisions Chiragov (question of Armenia occupying Nagorno-Karabakh) and Sargsyan (question of Azerbaijan occupying Gulistan), Aeyal argues that adopting restrictive interpretations of the law of occupation results in denying protection of norms in the Geneva Conventions. The Sargasyan decision is particular explicit in its explanation of what is required to trigger the law of occupation: “The requirement of...
08 Apr Azerbaijan v. Armenia before the European Court of Human Rights: Revisiting the Effective Control Test after the “44-Day War”
jurisprudence. Conclusion The military aggression, whether direct or hybrid, is not just a violation of international law; it is a complete negation of it. Thus, in such a case, rigid legal interpretation of the fact of occupation is likely to make the European Convention not just ineffective, but also counter-productive. If international courts take a rigid interpretation of the law and evidentiary standards in such cases, a wrongdoing state negating international law will likely avoid legal consequences and defeat the object and purpose of the European Convention and international law. ...