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

Opinio Juris is very pleased to host for the next few days an online symposium on Eric Posner and Adrian Vermeule’s new book, Terror in the Balance recently published by Oxford University Press. The format for this symposium will be familiar to those who followed the symposium we held three weeks ago on Michael Ramsey’s book, The Constitution’s Text in Foreign Affairs. We will begin with a few posts introducing the broad outlines of the book. We will then have comments from experts who will address various aspects of the...

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...

to fulfill the title’s goal. To this end, Opinio Juris is pleased to be hosting a symposium on the book in furtherance of the conversation on how to ensure respect for IHL. This symposium follows a webinar on the book hosted by the Irish Centre for Human Rights, which will be made into a podcast. In this symposium a number of authors have been asked to reflect on the themes of the book – both by way of review of the book chapters but also by way of proposing new...

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...

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...

[Charles C. Jalloh is Professor of Law, Florida International University and Member, International Law Commission. He is Chair of the Panel of Experts on the Election of the Prosecutor. Sabine Nölke is the former Ambassador of Canada to the Kingdom of the Netherlands (currently Chargée d’affaires of Canada to Ireland) and Chair of the Committee on the Election of the Prosecutor. The views expressed by the authors are personal and not attributable to any entities with which they may be affiliated. This essay, the final in the joint Justice in...

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....

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...

...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...

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...

[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...

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...