Search: Symposium on the Functional Approach to the Law of Occupation
31 Oct The Inferior Quality of ECJ Decisions
I, too, have been told that the role of the English judge (and hence, the judge at common law) goes back to the reign of Henry II, and arguably even before that. As I understand it, King Henry sent out his judges to a) collect the local laws from all over the country, b) develop a common law, i.e. a law common to all the counties and other fiefdoms, and c) apply such law, as the King's law, throughout the country. It would seem that the judges acted in the...
09 Nov Israel’s War in Gaza is Not a Valid Act of Self-defence in International Law
aggression by Germany and Japan. Israel’s obligations in the law of occupation and international human rights law (applicable extraterritorially), which govern how it exercises its military authority in the Gaza Strip and the West Bank, oblige it to secure public order and protect human rights. However, even if these obligations, especially those in occupation law (specifically, Article 43 of the Hague Regulations, part of occupation law) can be understood as a general matter to encompass an obligation to use force in occupied territory to neutralize threats emanating from there to...
27 Nov ‘I Want to Put the Social Question Back on the Table’ – An Interview with Anne Orford
in a Foucauldian tradition, law often plays a more epiphenomenal or super-structural role in relation to other forces of social or material ordering. Which role does international law perform in your history of neoliberalism and the rise of inequality? I would avoid any generalizing answers to the question of how we should think about the relation of law to economic relations. Instead, my approach would be to study how at different points in time international law enables certain kinds of economic ordering through specific techniques, institutions, and so on, and...
21 Apr Symposium on International Conflict and Security Law: A Research Handbook – Response by the Editors
[Sergey Sayapin is Professor at KIMEP University´s School of Law (Almaty, Kazakhstan). Rustam Atadjanov is Associate Professor and Associate Dean at KIMEP University´s School of Law (Almaty, Kazakhstan). Nicolás Zambrana-Tevar is Associate Professor at KIMEP University´s School of Law (Almaty, Kazakhstan). Noëlle Quénivet is Professor at Bristol Law School, University of the West of England, Bristol, United Kingdom. Gerhard Kemp is Professor at Derby Law School, University of Derby, Derby, United Kingdom.] We are very grateful to colleagues at Opinio Juris for the opportunity to hold a book review symposium...
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Sergey Sayapin, Rustam Atadjanov, Nicolás Zambrana-Tevar, Noëlle Quénivet and Gerhard Kemp
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13 Nov Challenging International Law: What’s New?
[Jutta Brunnée is Professor of Law and Metcalf Chair in Environmental Law, Faculty of Law, University of Toronto. This essay is based on a keynote presentation given at the annual conference of the Canadian Council on International Law in Ottawa, on November 2, 2018. It draws in part on Jutta Brunnée, “Multilateralism in Crisis,” forthcoming in American Society of International Law, Proceedings of the 112th Annual Meeting (2018)]. Canadian Council on International Law (Ottawa, November 2, 2018) [T]he international events of the last few years […] cannot be passed in...17 Nov Comment on Oona Hathaway and Scott Shapiro Outcasting: They have some good news and some bad news
Being the only non-international lawyer I am the outlier (hopefully not to become the outcasted) among this group of commentators. I suspect I was asked because I am an EU law scholar and, for some, that is international law. Having approached the subject with some skepticism I asked myself if that was not representative of the nature and importance of the question: maybe I want EU law to be different from international law because international law might not be law but why would that matter? I have, sometimes, wondered if...
19 Nov Keynote Speech Part III: Challenging International Law: What’s New?
to an international order built around such norms, it might end up strengthening both the reach and the influence of international law. Second, I return to Wolfgang Friedmann, who in 1938 saw little scope for universal international law and thought that international law could at best be a “law of co-existence” between compatible states. But twenty-five years later, in his famous book on the Changing Structure of International Law, he diagnosed the emergence of a multi-layered international “law of cooperation.”[xxvi] So, there is hope! Third, as international lawyers we must...02 Jun Why Is Israel’s Blockade of Gaza Legal? (Updated)
raised several times above, and ignored. If it's ignored again, I'll have my answer. Simon Myerson Fascinating discussion. Coming to it as a lawyer but with no expertise in international law can I make 2 observations? Firstly, the disagreement is hardly unexpected. Lawyers can disagree about anything and International law hardly has a reputation as the most concrete of disciplines. Secondly, it seems pretty clear that no one here is arguing against their own interests. No problem with that either - lawyers are as entitled as anyone else to use...22 May New Book Project: A Genealogy of International Criminal Law
...ultimately a question of how we theorize the formation of international law. All of the formal sources of international law have played an important role in the development of international criminal law. Without treaties, for example, genocide and the crime against humanity of apartheid would not exist. Similarly, international tribunals have relied heavily on general principles of criminal law to determine the elements of specific international crimes and to decide whether to recognize particular defences. Customary international law, however, has played the most critical role in international criminal law. To...02 Jul Guest Post: The Law of Occupation in the New DOD Law of War Manual
examples of laws that may be suspended or repealed, and only one arguably serves the purposes of an Iraq-style transformation: provisions “relating to the administration of the law, such as repealing laws establishing racial discrimination or promulgating laws requiring the impartial application of the law by local officials.” (§11.9.2.2). That’s it. No endorsement of the top-to-bottom changes that the CPA made to Iraqi security and military institutions, human rights protections, criminal law and procedure, banking law, tax law, regulation of foreign trade, regulation of private economic transactions, securities law and...