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

believe that the drafters of the European Convention and the signatory states intended to extend the protections of Protocol No. 1 to illegal settlement projects under military occupation. Any recognition and enforcement of illegal settlers’ property rights would allow a wrongdoing state to avoid legal consequences and defeat the object and purpose of the European Convention. Thus, to be effective, the interpretation of Article 1 of Protocol No. 1 in the context of military occupation should incorporate the principles of international law, international humanitarian law and the laws of war. ...

[Claus Kreß is a Professor of Criminal Law and Public International Law, the Chair for German and International Criminal Law, and Director of the Institute of International Peace and Security Law at the University of Cologne. He formerly Served in the German Federal Ministry of Justice.] In para. 253 of its 19 July 2024 Advisory Opinion in Legal Consequences from the Policies and Practices of Israel in Occupied Palestinian Territory, Including East Jerusalem, the International Court of Justice (ICJ) observes ‘that an occupation involves, by its very nature, a continued...

decided to approach a series of like-minded scholars – those who had written threads on Queen and book covers, ranked sci-fi books, and generally, saw international law not just through the eyes of a scholar, but also, of a fan. This Symposium is premised on the idea that popular culture matters for the study, practice, and teaching of international law. International law aspires to be global and accessible, while pop culture is global and accessible: billions of people around the world engage with its products every day. By discussing popular...

stakeholders and getting them involved in promoting both formal and personal commitments is key to ensuring equality. Legal standards If the foundation of some of the policies, practices, and norms promoting gender equality was grounded in legal obligations, we would have a better chance of successfully changing the picture of women’s international representation. In this respect, as widely covered in this symposium, international law, monitoring bodies, and academics have helped analyze the scope of the legal obligations supporting equal access to international bodies. This task was also taken on by...

[Lena Trabucco is a visiting research fellow at the Stockton Center for International Law at the US Naval War College and a fellow in the Technology, Law & Security program at American University Washington College of Law.] [Magda Pacholska is a Marie Sklodowska-Curie postdoctoral fellow at the Asser Institute (The Hague), and a research fellow with the Tech, Law & Security Program at the American University Washington College of Law. She is also the Managing Editor of the Military Law and the Laws of War Review (Edward Elgar).] Even the...

misconduct.” A number of international criminal law scholars will offer their thoughts on the topic followed afterward by Professor Turner’s response. Thursday, April 4th, 12pm – 2pm EDT Margaret deGuzman, Temple University Beasley School of Law Alex Whiting, Office of the Prosecutor at the International Criminal Court Sonja B. Starr, University of Michigan Law School Friday, April 5th, 12pm – 2pm EDT James G. Stewart, University of British Columbia Faculty of Law Kevin Jon Heller, Melbourne Law School Jenia Iontcheva Turner, SMU Dedman School of Law Below is the abstract...

potential passage of this treaty. This is problematic, as regardless of whether under UN aegis, the treaty process is nonetheless relevant as it has the potential to develop (or regress) international law. This may have also been one of the factors that resulted in less engagement of some states and civil society.  In treaty negotiations, the role of states is obvious. But what is often overlooked is the role that other actors – civil society organizations (CSOs) – play in these law making processes. Per the rules of procedure of...

can “define and punish” offenses against the law of nations. Read literally, that seems not to give the law of nations any place other than as Congress enacts. But founding-era Americans had a robust idea of the law of nations, so an abstract intent-oriented approach might instead think their Constitution embraced international law quite broadly. The historical text-based approach yields an intermediate position. The law of nations’ central place in founding-era thought suggests that it came within some of the Constitution’s general phrases. For example, Article III’s “judicial power” likely...

role of law and legal materiality. He makes a key point that international law is not only complicit in cultural takings , but ‘constitutive’ of  coloniality’, and itself  a ‘colonial object’. Sebastian Spitra raises the important question whether ‘the colonial and non-colonial sphere’  are really so ‘clearly separated as the approach of the book suggests’. He draws attention to inner European takings, which are partly discussed in Chapter 1, and the need to pay greater attention to ‘unwritten legal traditions of communities of origin’. Oscar Macias discusses the diverse ontologies...

privilege of losing hope.” Raya Ziada, Pikara Magazine 2024 We are grateful for the possibility to offer reflections on embodied justice through praxes of abolition feminisms, such as transformative justice, somatics, care and grief tending, as part of this symposium’s engagement with abolition and international (criminal) justice. In this piece, we discuss how we approach ‘after critique’ as a liberatory inquiry into how justice feels when it is embodied, and how we have sought to bring embodiment to international  (criminal) justice work. We understand this liberatory inquiry as a tactic...

call for an alternative approach, namely a framework convention based on the UN Guiding Principles on Business and Human Rights, as more desirable, feasible, effective and relevant to the challenges described above than the OEIGWG’s current approach and text. Category error It is true, as other contributors to this symposium suggest (e.g. Lopez, Nolan; see also Cassel) that the 2020 draft incorporates clarifications and refinements on the version of 2019. Yet, as Lopez highlights, the animating vision and overall scheme remain unchanged: differences between the two drafts are more in...

[Darryl Robinson is an Assistant Professor at Queen’s University, Faculty of Law] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. I am delighted to participate in this online symposium, this time at the receiving end. The emergence of online symposia is a commendable innovation which I am eager to support. When academic conversation is carried out through journal articles, the rhythm is glacially slow. Years pass between argument, counterargument and response. Online symposia provide a rapid...