Search: Symposium on the Functional Approach to the Law of Occupation
21 Jan CfP — 2nd Annual Nordic IHL/LOAC Symposium
ECPs. KEYNOTE SPEAKERS Lt. Col. (ret.) Chris Jenks is currently the Senior Law of War Adviser to the US Army and a Research Professor of Law at the SMU-Dedman School of Law in Dallas, He ended his military career as Chief of the International Law Branch of the US Army JAG Corps. Since leaving the military, he has served as Special Counsel to the Department of Defense, as Senior Policy Adviser to the Office of Global Criminal Justice, and as an autonomy and artificial intelligence research fellow at the Center...23 Oct Book Symposium The Electronic Silk Road: The Unexpected Alliance of Trade and Human Rights
and intrusions on sovereignty. Chander’s pairing of glocalization and harmonization is one of the most sensible and balanced approaches I’ve seen with respect to this set of tensions. His approach navigates the two extremes of “no law” and “all law,” arguing that global telecommunications companies should provide international services that comply with local laws—“glocalization”—but only where such laws comply with human rights norms (“do no evil”). He also advocates harmonization with the goal of developing a lex mercatoria for Internet commerce as a way of minimizing the costs of trans-border...
05 Jun Symposium on Reproductive Violence in International Law: Legal Recognition of Children Born of Conflict-Related Sexual Violence in International Criminal Law
[Judy Mionki is an International Criminal and Human Rights Lawyer. She has been part of defence teams at the International Criminal Court in the Kenya and the DRC situations. The views expressed in this posts are the author’s own. This post summarises an upcoming journal article (forthcoming, Journal of International Criminal Justice, 2024).] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and...04 Apr NYU JILP Symposium: How Much Weight Should Courts give to Defendants’ Rights in Determining Remedies for Prosecutorial Violations?
[Margaret deGuzman is an Associate Professor of Law Temple University Beasley School of Law.] 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. Thanks to Opinio Juris for inviting me to comment on Jenia Turner’s article and to Professor Turner for her excellent and thought-provoking work. Professor Turner’s article tackles an important problem that has plagued the ICC in its early days. When the ICC Trial Chamber ordered...
03 Aug Complementarity, Catalysts, Compliance Symposium: The Spectrum of Ideologies in International Criminal Justice–From Legalism to Policy
‘mirror’ those at the court, has had the opposite effect (p. 81). This process of the ‘domestication’ of ICL has turned into what De Vos calls the ‘justice meme’ – the tendency to mimic conformity with ‘international standards’ (p. 15), often by directly replicating the ICC model into national law (pp. 154-155, Chapter 5). This copy-and-paste approach can end up competing with and undermining the development of functioning domestic judicial systems (Chapter 6). Furthermore, De Vos’s thorough analysis of the ICC’s involvement in Kenya, Uganda and the Democratic Republic of...27 Sep HILJ Symposium: A Pragmatist’s Response to ‘The Democratic Coup d’Etat’
[William Partlett is an Associate-in-Law at Columbia Law School and a Nonresident Fellow at the Brookings Institution.] This post is part of the Harvard International Law Journal Volume 53(2) symposium. Other posts in this series can be found in the related posts below. The Democratic Coup d’Etat is an important article. First, and most obviously, this Article carries significant policy implications. The political transformations sweeping the Middle East and North Africa – known as the “Arab Spring” – have presented a wide range of conceptual challenges to policymakers and political...
24 Aug The Latin American Approach to FDI Law and Policy: An Outdated, Biased Vision Remains on Board
...is a Research Associate Professor of International Law at Universidad Andrés Bello, Chile. His main research interests are in international economic law, particularly in international investment law and policy. He holds a PhD and an LLM from the London School of Economics. His research has appeared in the Indiana Journal of Global Legal Studies, Transnational Legal Theory, Journal of International Dispute Settlement, the Journal of World Investment & Trade and Leiden Journal of International Law. He is a member of the Editorial Committee of the Yearbook on International Investment Law...
30 Mar Justice in Extreme Cases Symposium: ‘One Must Imagine Sisyphus Happy’–On the Liberating Potential of Robinson’s Coherentist Approach to International Criminal Justice
rationality which is often artificial in the context of atrocity crime (see also Kamari Clarke’s Affective Justice). Building on Hegel, who claimed that criminal law ‘honors’ the defendant, or Antony Duff’s conception of the offender as responsible and answerable agent, he argues that humanistic justice requires us to approach the defendant as ‘fellow moral person’. As a defender of liberalism, he strongly disagrees with the idea of grounding international criminal justice in an enemy penology, such as friend/enemy clusters (Carl Schmitt) or the idea of an ‘enemy criminal law’ (Günther...
14 Jun Options for a Peace Settlement in Ukraine: Option Paper VII – Multilevel Peace Agreement Design: Dealing with Geopolitical Support
that this is perhaps best suited to an internal conflict with international geopolitical underwriters, who come together to agree to support a settlement. However, it is a model that can perhaps be adapted to the Ukraine contexts, including using the multi-layered approach set out below. Option Five: Multi-Layered Use of All Options Multi-layered solutions adopt several of the above modalities to create a ‘multi-layered’ approach to implementation. This approach could enable a Ukraine-Russia settlement which has both cross-border and domestic actions for both parties, to enforce and underwrite agreement. Many...