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

[ Kevin Jon Heller is Associate Professor of Public International Law at the University of Amsterdam and Professor of Law at the Australian National University; Mark Kersten is a Senior Consultant at the Wayamo Foundation and creator of the blog Justice in Conflict ; Patryk I. Labuda is a Postdoctoral Scholar at the Fletcher School of Law and Diplomacy; and Priya Pillai is a lawyer and international law consultant.] Quite naturally, the world’s attention has been focused on the terrible suffering created by the COVID-19 pandemic. Life, however, goes on...

was largely reversed by Congress a few months later while the long term effects of Sanchez-Llamas remain uncertain. For this reason, this symposium is a terrific opportunity to shine the light on this potentially important decision. This symposium is full of blogger-professors. In addition to yours truly, Opinio Juris co-blogger Peggy McGuinness and Opinio Juris guest-blogger Janet Levit have contributions in this symposium. Bloggers Melissa Waters and Paul Stephan also have essays. The symposium will not be the last word on Sanchez-Llamas, but it is certainly an important first word....

[Jed Odermatt is a Reader at The City Law School, City St George’s, University of London] Academic debates often begin with the assertion that international law is in a period of unique crisis. In the face of complex, wicked problems, from climate change to massive human rights abuses, international lawyers question whether international law’s toolkit remains fit for purpose. The responses are also familiar. International agreements should be better designed; states need to comply with their existing legal obligations; failing institutions need to be reformed. Aksenova’s Art, Aesthetics and International...

can have implications for whose voices are heard (or unheard) during the OSINT process and through open source evidence. This symposium delves further into these issues and more, with a stellar line-up of pieces on a wide range of topics pertaining to fairness, equality, and diversity relating to open source investigations and digital open source evidence.   Each day of the symposium will feature posts relating to a common theme. Today, we begin with a theme at the heart of the symposium—the lived experiences of marginalized voices working within the OSINT...

To celebrate the launch of our new website and new members, Opinio Juris will be holding a symposium over the next two weeks on Harold Hongju Koh’s new book, The Trump Administration and International Law, which was just published by Oxford University Press. (You can get a 20% discount by clicking on the OUP advertisement to the right of this post.) Here is the publisher’s description: Will Donald trump international law? Since Trump’s Administration took office, this question has haunted almost every issue area of international law. One of our...

...weapon of war, massacres of women, men, and children, and mass displacements are characteristic of neocolonial armed conflicts in regions such as Amhara, Cabo Delgado, central Somalia, Khartoum, North Kivu, and Tigray. Our aim with this symposium is to foster a diverse dialogue that illuminates the connections between African and Palestinian liberation struggles, advancing our collective understanding and pursuit of justice and human dignity globally. The symposium is divided into two parts. Part I, which begins on 29 July 2024, opens with David Arita, who highlights the relevance of the...

problems. For instance, in Analogies and Other Regimes of International Law, Paparinskis recognizes that “investment law partly borrows and partly diverges from pre-existing regimes of international law” so that an interpreter is “required to determine the degree of similarity and difference so as to elaborate the ordinary meaning of both particular terms and broader structures.” Moreover, he continues, “the interpreter may plausibly rely on different approaches, with importantly different implications for the meaning and operation of particular elements of investment law.” The reason we need to develop a hybrid theory...

[Ozan Varol is Assistant Professor of Law at Lewis & Clark Law School.] 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. I would like to thank David Landau, William Partlett, Brad Roth, and Joel Colón-Ríos for their kind words and insightful comments about my article, The Democratic Coup d’Etat, 53 Harv. Int’l L.J. 291 (2012). These scholars have been instrumental in enhancing our knowledge of constitutional transitions, and I very much appreciate...

with Jenia regarding the wisdom of the balancing approach, but there may be an additional hazard to the ones she identifies. Just as an absolutist approach might cause judges to avoid finding a violation of an accused’s rights – what Jenia and others refer to as “remedial deterrence” – the balancing approach, which offers the judges a range of remedial options, risks having the opposite effect, causing judges to be too willing to find prosecutorial violations or prejudice to the defense. If judges can impose only a small penalty on...

[Katharine Fortin is a lecturer at the Netherlands Institute of Human Rights, Utrecht University, and teaches human rights law and international humanitarian law. She is the founder and co-editor of the Armed Groups and International Law blog. This is the latest post in the co-hosted symposium with Armed Groups and International Law on Organizing Rebellion .] It was hard to decide which parts of Tilman’s excellent book Organizing Rebellion to address in this post, as I have written on armed groups from the three perspectives that he covers – IHL,...

ECCC’s mandate. Beyond one-off consultations, continuous communication and involvement is key to enabling reparative effects among civil parties. On the whole, the ECCC’s more pragmatic approach to reparations provides a notable counterpoint to the more legalistic approach pursued at the ICC, and it will undoubtedly contribute to further debate on the merits and problems with reparations in international criminal justice. Although it may be too soon to say whether – and for whom – these measures had a reparative effect, there is still much to learn from this novel attempt....

[Milena Sterio is The Charles R. Emrick Jr. – Calfee Halter & Griswold Professor of Law at the Cleveland-Marshall College of Law and Co-Coordinator for Global Justice Partnerships at the Public International Law and Policy Group.] It is my pleasure to contribute this guest post to the Opinio Juris symposium about Professor Jennifer Trahans’s recent book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes.  Professor Trahan’s book is a significant contribution to existing literature on the subject of the Security Council and the role...