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(Hitotsubashi University, Japan). Finally, on Friday, we will conclude with Universal Exceptionalism in International Law by Anu Bradford (U. Chicago) & Eric A. Posner (U. Chicago). This article argues that all major powers, not just the United States, are similarly “exceptionalist,” in the sense that they take distinctive approaches to international law that reflect their values and interests. Robert Ahdieh (Emory) will provide his thoughts on the article. We hope you join us all week for our launch of Volume 52, Issue 1 and our first ever Opinio Juris Symposium....

[Valeria Babără works as Legal and Advocacy Officer with the  Women’s Initiatives for Gender Justice , where she monitors and researches developments on the prosecution and adjudication of gender-based crimes, and contributes to legal publications including ‘ The Hague Principles on Sexual Violence ‘ and ‘ Judicial Approaches to SGBC at the ICC ‘.] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and...

[Maria Noel Leoni is member of the GQUAL Secretariat, Senior Adviser at the Center for Justice and International Law and Regional Manager for Latin America at the Business & Human Rights Resource Centre. Alejandra Vicente is member of the GQUAL Secretariat and Head of Law at REDRESS. Agatha Ciancaglini is Advocacy and Research Assistant at GQUAL and Lawyer at the Gender Policies Department of the Public Prosecutor’s Office in Argentina.] Six years ago, a group of human rights lawyers working in Latin America decided to do something to fix the...

rights – and socio-economic rights in particular – to date. Finally, all of this leads to the bold question posed by Ruhl: are we saying anything new about human rights or international law? We agree with Ruhl that applying human rights to climate change adaptation does not change the substance of international law; however, it does change procedural responses, the coherence of and synergies in international climate change action (as McInerney-Lankford suggests), and notions of the utility of international law. In addition, what is “new” about climate change adaptation is...

[Ralph Mamiya is team leader for the Protection of Civilians Team in the UN Department of Peacekeeping Operations but writes here in a purely personal capacity, and the views expressed do not represent official positions of his Department or the United Nations.] The protection of civilians is both a well-established topic in international law and also a relatively new and controversial phenomenon in practice. It incorporates aspects of international humanitarian law, international human rights law, international refugee law, as well as the law of jus in bello and the use...

a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a...

[Oumar Ba is an Associate Professor of International Relations at Morehouse College.] To write is a privilege. To be read, an honor. It takes unbounded generosity to critically engage with a book and offer an incisive critique in the midst of a global pandemic that has upended our lives.  For that, I owe a profound debt of gratitude to my brilliant colleagues who have made this symposium a highlight of my intellectual journey. This symposium was sketched, planned, organized, and coordinated by one man: Owiso Owiso – whom, dare I...

Over the coming week, along with Armed Groups and International Law, we are thrilled to co-host a symposium on Giovanni Mantilla’s latest book, Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict. Scholars and practitioners who will be weighing in in addition to Giovanni include: Alonso Gurmendi, Neta Crawford, Kathryn Greenman, Alejandro Chehtman, Verity Robson, Charli Carpenter, Boyd van Dijk, Iris Mueller and Katharine Fortin. From the publisher: In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until...

prosecutions, including truth commissions and community-based rituals). As I argue in the conclusion to the book: The foundational principle in this respect should be deference to local practices, regardless of their flaws, because they have several inherent advantages over international approaches, namely understanding of local context and challenges, sustained operation within the states in question and greater presence and visibility among local populations, including those most affected by violence. This view of complementarity approaches the question of the most appropriate responses to conflict from the standpoint of imperfection and the...

[Craig Martin is a Professor of Law at Washburn University School of Law, and is the Co-Director of the International and Comparative Law Center of Washburn Law.] Over the next few days Opinio Juris will be conducting a virtual symposium to discuss Professor Harold Hongju Koh’s article The Trump Administration and International Law. The article was published in a special Symposium Issue of the Washburn Law Journal, which also includes articles by David Sloss, Peggy McGuiness, and Clare Frances Moran, responding to or picking up on the themes of Harold’s...

[Tamara Perisin is a member of the faculty of law at the University of Zagreb] This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. The article by Rob Howse and Joanna Langille on the EU Seal Products Regulations goes far beyond a case study on a challenged measure and pending dispute. The article places the WTO challenge in the context of the development of a regulator-friendly world trading scheme sensitive...

[Dr Melanie O’Brien  is Associate Professor of International Law at the University of Western Australia and President of the  International Association of Genocide Scholars  (IAGS). She is also a 2022 research fellow at the Sydney Jewish Museum .] Two years ago, in August 2020, thirteen blog posts were written in a Rohingya Symposium here on Opinio Juris. These posts covered, inter alia, the need for accountability, the Security Council, the problematic fact that Myanmar’s periodic reports to the International Court of Justice (ICJ) had not been made public, the need...