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

This week we are delighted to bring you a symposium exploring the intersection between the law of responsibility and the law of the sea. The motivation for this symposium is twofold: First, although there is long interaction between the law of the sea and the law of responsibility, the law of the sea has become an area where the intersection is of increasing importance. The posts this week will highlight the ways in which the law of responsibility is being invoked in current controversies involving marine species and resources like...

stalemate in which they currently find themselves. Wolfgang Alschner weighed in on a novel approach to dealing with the complexities of international law in his post on computational analysis of international law, specifically focusing on text-as-data tools for investigating international investment agreements. Our next post featured an analysis by Andrea Bowdren of the trial of Ahmed Al Faqi Al Mahdi before the International Criminal Court, which represented a series of firsts for international law and justice. as Al Mahdi is the first individual from Mali brought before the ICC, the...

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...

(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...

This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. We would like to once again extend our deepest gratitude to Opinio Juris for providing us with such a wonderful forum to host this symposium. Thank you to all of the scholars who contributed insightful commentary, and especially to Jenia Turner for her thought provoking article. We hope this symposium helped to advance the dialogue about the complicated issues...

[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...

reason that we invited a few scholars and practitioners to reflect on the themes covered by the book. We also invited Oumar Ba to respond to the observations of the contributors. We are very grateful to the contributors and to Oumar Ba for participating in this symposium despite the very disruptive effect that the global COVID-19 pandemic has had on professional and personal lives. We are also grateful to OpinioJuris for hosting this symposium. We hope that this symposium will stimulate enriching reflections on the themes covered by the book....

and the Asia Justice Coalition have partnered to bring to you this Symposium, “Current Crisis in Myanmar: Legal Implications”. Previously, in August 2020, both partners hosted the symposium, “The Impact and Implications of International Law: Myanmar and the Rohingya”, in which various aspects of the legal developments related to the Rohingya were canvassed. This year, the intention is to broaden the discussion, to include the current events in Myanmar, given their inescapable impact on questions of justice and accountability, not just for the Rohingya but also the rest of the...