Search: Symposium on the Functional Approach to the Law of Occupation
20 Jan “From the Land of Witches and Wolves”: A Conversation with Francesca Albanese
...Was there an Algerian-French conflict? There was a brutal French occupation in Algeria, which came to its end. And there is no Palestinian-Israeli conflict. There is a brutal Israeli occupation, which must come to its end one way or the other. Gideon Levy In what way will the Israeli occupation come to an end and will international law play a part? This is a curious question, of course, since the International Court of Justice (ICJ) has already opined that Israel’s neverending occupation and its associated apartheid regime are both unlawful,...
23 Nov The Supreme Court of India, Right to Protest and the Indefinite Occupation of Public Space
[Pranay Lekhi is a Legal Advisor – Not Admitted UK – at Allen & Overy, London. He graduated first-class from the University of Cambridge with a specialization in International Law. Views are strictly personal.] On October 7 2020, the Supreme Court of India held that public places cannot be occupied indefinitely while exercising the right to peacefully protest (para 17). The judgement has faced criticismon the basis that it disregards the relevant principles of international law. However, in this post it will be argued that international law provides articulate limitations...
06 Sep The Occupation is Illegal. Now What?
to examine states’ obligations to bring about an end to serious breaches of international law. Peremptory Norms in International Law and Obligations erga omnes In the OPT case, the court stated that, “in cases of foreign occupation such as the present case, the right to self-determination constitutes a peremptory norm of international law,” (para. 233). This is the only time that peremptory norms are mentioned in the entire opinion even though, as noted by Judge Tladi in his separate opinion, “other norms that undoubtedly qualify as jus cogens are not...
17 Apr ‘Occupant’ Status for China in South China Sea Islands?
Sea for the last 40 years, to the author, embracing the law of occupation seems to be the best option. Have All the Requirements Been Met? The law of occupation is one of the oldest and most established fields of international law. Its implementation concerning Palestinian territories or Western Sahara is illustrative in understanding its effectiveness against unlawful behaviours. For the determination as to whether a situation amounts to an occupation, international law offers the two-threshold test. Firstly, the new power obtains territory from a legitimate administrator via hostility. Secondly,...04 Jun Targeted Killings Symposium: Craig Martin Comments on “Targeting Co-Belligerents” by Jens David Ohlin
The assumption is reflected too in the five candidate linking principles – four of the five are drawn from jus in bello or jus ad bellum, and the one that is drawn from criminal law is not applied in a manner that would conform to the law enforcement model. Jens may correct me if I am wrong (he is the criminal lawyer, not I), but while complicity and conspiracy may be the linking principles employed for prosecution purposes within criminal law, they would never be the criteria used within the...04 Apr HILJ Online Symposium: Suzanne Katzenstein Responds to Karen J. Alter
attempts fail. I evaluate all attempts at international courts that I could identify that reached the multilateral treaty negotiation or treaty drafting stage. This amounted to four successful and seven failed attempts at establishing courts invested with general jurisdiction or relating to international criminal law, the law of the sea, and human rights. The dominant explanation for the creation of international courts focuses on the functional incentives of governments, such as the need to overcome collective action problems or to signal credibility. I argue that the functional explanation provides insufficient...25 Apr Alter Book Symposium: Reply by Karen Alter
starting point for The New Terrain of International Law was the following question: If the ‘problem’ of international law is its lack of enforceability, then how does making the law enforceable affect the influence of international law? I cut into this very big question by focusing on a new set of institutions that were designed to address the enforceability gap in international law. The comments in this symposium push upon a number of choices I made as I then tried to make the project tractable. My first choice was to...13 Oct Virginia Journal of International Law, Vol. 49-1: Online Symposium
of modern international law from the perspective of the constructivist theory of international relations. His article applies the constructivist theory of international relations to argue that Nobel Peace Prize Laureates have been profoundly instrumental as norm entrepreneurs in the emergence, cascading, and internalization of international law norms. Professor Gregory Gordon of the University of North Dakota School of Law and Anne Kjelling, Head Librarian at the Norwegian Nobel Institute, will be the respondents. On Thursday, Professor Diane Ring of Boston College Law School will discuss her article, What’s at Stake...
14 Jan Symposium on Kubo Mačák’s Internationalized Armed Conflicts in International Law
of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that...
10 Oct Rethinking International Law After Gaza Symposium: A Thought Experiment – What if we Tried to Organise the “Rethinking International Law after Gaza” Conference in the UK?
and affected me personally. The University of Southampton In the summer of 2014, I recall seeing notice for a conference at the University of Southampton School of Law scheduled for April 2015. The conference was the brainchild of Oren Ben-Dor, an Israeli law professor based at Southampton University and was co-organised with George Bisharat, a Palestinian-American law professor based at the University of California Hastings College of the Law. (Coincidentally, George is also a contributor to this symposium). The call for papers was considered controversial at the time because it...