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

[Robert McCorquodale is the Director of the British Institute of International and Comparative Law, Professor of International Law and Human Rights, University of Nottingham, and Barrister, Brick Court Chambers, London. This is the sixth and final post in the Defining the Rule of Law Symposium, based on this article (free access for six months). For the other contributions, see links below.] I am immensely appreciative of the deep thought, and the time and effort, which the contributors to this Symposium have undertaken. My thanks, too, to the editors of Opinio...

Martin Totaro will discuss Legal Positivism, Constructivism, and International Human Rights Law: The Case of Participatory Development. Mr. Totaro uses the debate surrounding the right to participatory development as a lens for viewing international human rights law generally. By offering a typology of international human rights law and applying that typology to recent shifts in rhetoric and practice at the World Bank regarding participatory development, Mr. Totaro examines the sociopolitical nature of rights recognition as a means of describing the early stages of norm development within customary international law. Galit...

potential implications – in regard to international law, and, more importantly, upon the situation of the Rohingya themselves. The symposium we have curated at Opinio Juris, in coordination with the Asia Justice Coalition, seeks to highlight some implications of these international legal proceedings, and the issues that need further examination, strategizing and advocacy. Our contributors in this symposium address some fundamental questions, such as the discussion regarding “peace v justice” in the context of Myanmar, where supporting the democratization process seems to have come at the cost of further marginalization...

[Dr. Cassandra Steer is a space security and space law consultant, with 14 years academic experience in international law. This post is part of our New Technologies and the Law in War and Peace Symposium .] Whereas some readers might find Boothby’s volume “New Technologies and the Law in War and Peace” a little light on answering specific legal questions in the application of new military technologies, what is most valuable about the collection of essays is that they bring to the forefront issues which many still see as fantastical...

...ruling as a crucial step in holding multinational business enterprises such as Vedanta accountable for their alleged role in massive pollution and harm to health and livelihood of many people. The ICJ and the CORE Coalition had also submitted an amicus curiae in this case. The ICJ has invited a group of experts and practitioners to participate in this symposium to discuss about the significance and likely impact of the judgment in law and policy making; the prospects for success in other similar cases; and consequences for companies’ practices, policies...

[Diane Marie Amann is Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law.] Opinio Juris and Justice in Conflict deserve much credit for the rich discussion they have generated in anticipation of December’s election of the third Prosecutor of the International Criminal Court. The contributions to this joint symposium have touched upon a variety of issues. Several concerned the relationship of the Prosecutor to other powerful entities, including states parties like Kenya and...

[Simon Chesterman is Dean of the National University of Singapore Faculty of Law. He is also Editor of the Asian Journal of International Law and Secretary-General of the Asian Society of International Law. Educated in Melbourne, Beijing, Amsterdam, and Oxford, Simon’s teaching experience includes periods at Melbourne, Oxford, Columbia, Sciences Po, and New York University.] A decade after moving from New York to Singapore, I began work on this article in the hope of understanding what seemed to me a paradox. Well into the much-vaunted “Asian century”, the states of...

significant development that will compel all EU countries to adopt a mHRDD law. Notably, France, Germany and Norway are ahead of the game, having already enacted such a law. Outside of Europe, due diligence laws are being contemplated in diverse countries such as Brazil, the United Kingdom and South Korea. Geared towards enhancing more responsible business conduct in our globalized world, due diligence laws are fundamentally reshaping the global governance of Business and Human Rights (BHR), by imposing hard, rather than soft, obligations on covered companies. Unlike earlier tools such...

A few months back, Opinio Juris was pleased to host an inaugural joint symposium with the Harvard International Law Journal. Next week, we’re very pleased to be able to regularize this partnership with a second symposium (I’m particularly pleased with this development for reasons that should become apparent below). The symposium will run from Tuesday, July 12, to Friday, July 15, and features the following line-up: On Tuesday, John H. Knox will respond to Jacob Katz Cogan‘s article, The Regulatory Turn in International Law. On Wednesday, Eric Jensen and Jonathan...

of the research questions underlying the 2018 COMPLY project was to question the cost of overcompliance with unilateral and extraterritorial sanctions, with the aim of showing that it is important to better understand the effects of such instruments, beyond the already crucial question of their compatibility with respect to international law. The hypothesis is that in a globalized and liberalized world, if compliance with the law is not enough in and of itself to weigh in the diplomatic balance, the (dizzying?) cost of the unilateral and extraterritorial sanctions under consideration...

In 2017, Seton Hall Law School hosted a symposium on UN Accountability.  Two years ago, the conversation was largely about the Haiti cholera case against the UN , and other mass torts.  A video of the event, including a powerful Keynote Speech by Philip Alston is available here. After the event, Prof. Fréderic Mégret and I, and a number of other speakers, decided to further the conversation in a written volume. We were delighted that Niels Blokker and Ramses Wessel of the International Organizations Law Review invited us to publish...

[Stefania Di Stefano is a postdoctoral researcher in online content moderation at Cnam, Paris. Rebecca Mignot-Mahdavi is an assistant professor of public international law at Sciences Po Law School, Paris. Barrie Sander is an assistant professor of international law at Leiden University – Faculty of Governance and Global Affairs. Dimitri Van Den Meerssche is senior lecturer in law at Queen Mary University of London.] At a time when we are increasingly confronted with the question of whether international law is damaged beyond repair, this year’s ESIL Annual Conference was devoted...