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

the application of human rights law to peacekeepers, analogous to the Secretary-General’s bulletin on international humanitarian law. The IHL purist, and the IHRL purist, may not give a great deal of weight to what the Secretary-General thinks about the application of international law to blue-helmeted troops, but such bulletins can be highly influential for the legal and policy architecture of peacekeeping and, ultimately, the way mandates are implemented. Professor Larsen also follows Professor Wills, but in the direction of “hard law,” looking to treaty law as potential sources for an...

[Triestino Mariniello is Senior Lecturer in Law and Coordinator of the Research Unit in ‘International Justice and Human Rights’ at Edge Hill University, UK. Chantal Meloni is Associate Professor at the University of Milan, Italy where she teaches International Criminal Law and Senior Legal Adviser to the European Center for Constitutional and Human Rights, Germany.] This Symposium on ‘The Question of the ICC’s Territorial Jurisdiction in Palestine’ follows the most recent developments that concluded the preliminary examination into the ‘Palestine situation’: On 20 December 2019, the ICC Prosecutor found that there...

Tomorrow, the Center for International and Comparative Law (CICL) of St. John’s University School of Law will have its inaugural symposium. Peggy and I are CICL’s Co-Directors, and we are looking forward to what we hope will be a great kick-off. The symposium, entitled Challenges to International Law, Challenges from International Law: New Realities and the Global Order, is co-sponsored by the American Society of International Law and the St. John’s Journal of International and Comparative Law (the Center’s new online journal). Presenters will include Michael Mattler, the Minority Chief...

[ Barrie Sander  ( @Barrie_Sander ) is Assistant Professor of International Justice at Leiden University – Faculty of Governance and Global Affairs] Reflecting on the narrative nature of law, James Boyd White famously observed how ‘[t]he text does not conclude the difficulties of the real world, but begins a process, a process of its own interpretation. This is the process by which the law is connected to the rest of life. Whatever it may purport to say, what a judgment shall come to mean is thus a matter for the...

[Andrea Bianchi is Professor of International Law at the Graduate Institute of International and Development Studies, Geneva; Moshe Hirsch is the Von Hofmannsthal Professor of Law at the Hebrew University of Jerusalem and Co-director of the International Law Forum at the Hebrew University Law Faculty.] We are extremely grateful to the editors of Opinio Juris and Alexandra Hofer for hosting and organizing this book symposium. Thank you also to the contributors – Emiliano Buis, Adil Hasan Khan, Sofia Stolk and Alexandra Hofer – for their engagement with the arguments raised...

...to encourage the sampling of solutions from disparate public law regimes. Neo-functionalists use law for purposive, goal-oriented interventions. Favoured by international organisations, proposals often include reform packages that advance policy-based exceptions to investment. They even recommend that treaties include clauses to compel investors to comply with domestic laws and standards of corporate social responsibility. There is no objective solution to these normative complications and we observe the implementation of both types of reform proposals. The Total Tribunal employed comparative public law to concretise “legitimate expectations”, which they achieved by recourse...

an armed conflict? Do armed groups have human rights obligations? If yes, which ones? And can armed groups instigate crimes against humanity or genocide? A comprehensive analysis of these questions is found in my book ‘Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law’, recently published with Oxford University Press. As a way of introducing this symposium, I will set out  the four key takeaways from the book. International law does not provide a ‘one-size-fits-all’ analysis or framework for armed groups International law...

[ 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...

of lockdown regulations that have succeeded in Namibia, Lesotho and Malawi. Analyzing the Namibia Employers Federation judgment, Vimbai Mutandwa argues that the Namibian High Court’s insistence on strictly and narrowly interpreting the executive’s powers to derogate from rights during states of emergency are a vindication of the rule of law and the principle of legality. However, she notes that the judgment does not engage with international law standards adequately and fails to “engage with the substance of the issue at hand: the rights of workers and the impact of COVID-19...

...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...

ripe to rethink how we regulate private security, to catch up with the present, and effectively prepare for a fast-approaching future. Symposium Contributions: The Business of Security: New Frontiers and Old Challenges in Private Military and Security Companies Regulation – Introduction to the Symposium by Gabriella Citroni, Chiara Gabriele, Danaé van der Straten Ponthoz and Julie Bardèche Use of Maritime PMSCs, Weapons Procurement and Predatory Recruitment – New Frontiers in PMSC Regulation by Andres Macías-Tolosa, Joana de Deus Pereira, Jovana Jezdimirovic Ranito and Michelle Small The Role of PMSCs in...

the treaty. This joint Asia Justice Coalition – Opinio Juris symposium is to introduce you to some key aspects of the negotiations and to provide you with a flavour of the fortnight of intense discussions in Ljubljana, that have resulted in the ‘Ljubljana – The Hague Convention’. A list of contributions is listed below, with links: Priya Pillai, Introducing a Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections Vaios Koutroulis, A New Tool in the Fight Against Impunity for Core International Crimes Raquel Saavedra and...