Search: Symposium on the Functional Approach to the Law of Occupation
12 Apr VJIL Symposium: Gregory Shaffer and Joel Trachtman Comment on Sungjoon Cho’s “Beyond Rationality”
[Gregory Shaffer is the Melvin C. Steen Professor of Law at the University of Minnesota Law School. Joel P. Trachtman is the Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. We are grateful to Professor Cho for writing this Article (Beyond Rationality: A Sociological Construction of the World Trade Organization) as a...05 Apr NYU JILP Symposium: The Rhetoric of Remedies
[Kevin Jon Heller is currently Associate Professor & Reader at Melbourne Law School.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. I appreciate the opportunity to respond to Jenia’s excellent article. I always learn from her scholarship, and this article is no exception. That said, I find myself in an unusual quandary. When asked to critique an article, I normally take issue with its substance. There is...26 Jun YJIL Symposium: Human Rights and Climate Change Adaptation at the international Level
This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. [Bonnie Docherty is a lecturer on law and senior clinical instructor in the Harvard Law School International Human Rights Clinic. Tyler Giannini is a clinical professor and clinical director of the Harvard Law School Human Rights Program.] In their thought-provoking article “Avoiding Apartheid: Climate Change Adaptation and Human Rights Law,” Margaux Hall and David Weiss argue that human rights law has...
20 Sep Organizing Rebellion Symposium: Context or Abstract? A Victim-Centric Approach to Understanding Key Elements of Crimes Against Humanity
The latest contribution in our Organizing Rebellion symposium together with Armed Groups and International Law is up now at AGIL, entitled “Context or Abstract? A Victim-Centric Approach to Understanding Key Elements of Crimes Against Humanity” by Adejoké Babington-Ashaye. Have a look here!...
16 Dec Digital Accountability Symposium: Mass Atrocities in the Age of Facebook–Towards a Human Rights-Based Approach to Platform Responsibility (Part One)
...Moreover, in order to guard against exacerbating such situations, businesses should not only draw on internal expertise, but also “consult externally with credible, independent experts, including from governments, civil society, national human rights institutions and relevant multi-stakeholder initiatives”. At a general level, adopting a human rights-based approach would enable Facebook to shift its predominantly ad hoc and reactive approach to the development of content moderation policies towards a principled and structured framework underpinned by the common conceptual vocabulary of human rights law. A human rights-based approach would also equip Facebook...
17 Dec Digital Accountability Symposium: Mass Atrocities in the Age of Facebook–Towards a Human Rights-Based Approach to Platform Responsibility (Part Two)
[Barrie Sander is a Postdoctoral Fellow at Fundação Getúlio Vargas, Brazil. This is the second part of a two-part post. Part one can be found here.] Rising concerns and frustrations about the role of Facebook in exacerbating tensions within conflict-affected and atrocity-afflicted communities have coincided with growing pressure for the platform to adhere to a human rights-based approach to content moderation. The potential significance of this approach in such contexts may be illustrated by considering some of the possible reasons why Facebook was – by its own admission – “too...09 Nov The Oxford Guide to Treaties Symposium: Comparing International and US Approaches to Interpretation
branch will take. You suggest that perhaps (1) the executive branch will take a VCLT approach and (2) this in turn will promote convergence rather than divergence with international approaches. This may be true much of the time, but I think there will also be points of divergence. Let me give two reasons why. First, even if the executive branch takes a VCLT approach, it may find itself out of line with some international interpretative approaches (e.g., treating IO charters as constitutional & any evolving approaches to human rights treaties)....16 Jul Remedies for Settlements: A Return to What Status Quo?
...Jews to return to their homes. In any case, Israel in ‘67 reverses this situation through force of arms. So if we “go back” to ’67, we still have an illegal situation. Should Israel restore Jordanian occupation? Indeed, by the logic of the commenters, when Israel took the WB in ’67, it could have deported all Jordanian nationals who moved to or were born in the WB during Jordanian occupation. Since the occupation was illegal, their presence was illegal. This seems like an absurd suggestion. No one ever proposed this...09 May Jus Post Bellum Symposium: Navigating the Unilateral/Multilateral Divide
[Gregory H. Fox is a Professor of Law and Director of the Program for International Legal Studies at Wayne State University Law School.] How should the idea of a jus post bellum be integrated into existing international law? A wide array of norms now applies to post-conflict states: international humanitarian law, jus ad bellum, human rights law, the law of international organizations, and occupation law to name only a few. If a jus post bellum is to be seen as essentially normative — as opposed to serving as a set...
30 Jun The Annexation of Land in Occupied Palestine: Time for International Action
rationale under the law of belligerent occupation has been that the land is needed for a purpose connected to maintaining military control. Under the law of belligerent occupation, title to land may not be taken by the occupant. The use of land, however, may be taken for purposes related to the occupation. Use of (but not title to) land may be taken, for example, to billet soldiers of an occupying army. Residence by civilians brought in under the auspices of a belligerent occupant does not relate to military needs. But...