Search: Symposium on the Functional Approach to the Law of Occupation
21 Dec LJIL Symposium: A Response by Samantha Besson
[Samantha Besson is a Professor of Public International Law and European Law, University of Fribourg and Fellow of the Wissenschaftskolleg zu Berlin] I would like to start by thanking Dov Jacobs and the Leiden Journal of International Law for organizing this on-line symposium on my extraterritoriality piece, and, of course, for agreeing to publish the article in the first place. Many thanks also to Professor Marko Milanovic and Professor Cedric Ryngaert for their generous comments and not least for taking the time to deliver them at this busy time of...11 Mar Book Symposium on “International Law in the US Legal System” by Curtis Bradley
of the principal forms of international law: treaties, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of specific topics that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, extradition, war powers, and extraterritoriality. As he explains, international law plays an important and sometimes under-appreciated role in the U.S. legal system, but its domestic application is mediated by a variety of structural considerations, including federalism and the separation of...18 Jun Some Reflections on the Bemba Appeals Chamber Judgment
Guy Thank you for illuminating comments on some of the substance. However, there is a point I do not understand..."review a Trial Chamber decision on the basis of the law" would seem to require Judges to follow the law as applied before, especially when they act as a last resort appellate chamber - but the Majority departed from all precedent and made up its own standard of review. How can this be considered following the law? Maybe it is my common law bias, but what will future accused (and counsel...25 Jul War and Peace in Israel
...automatic citizenship (much because of the Holocaust), Arabs have equal rights. So once you are a citizen of Israel, you are given the same rights as any other citizen. passer-by "Other than the Law of Return, which gives Jews an automatic citizenship (much because of the Holocaust), Arabs have equal rights" Rrrright. That is probably why in 1992 Knesset removed one line from Israeli Basic Law on Human Dignity and Liberty draft which says: 'All are equal before the law, and there shall be no discrimination on the grounds of...06 Apr The Advantage for Palestine of a Slow Preliminary Examination
...Concessions Cases. The Court eventually decided that the "state" to which those concessions had been subrogated was "Palestine", not Great Britain. Hersh Lauterpacht, Norman Bentwich, and Marjorie M. Whiteman each wrote journal articles, digests of international law, and international law reports which explained over and over again that the courts and international arbiters had long-since determined that the Mandated States, including Palestine, were persons of international law. Re: You may think and believe of course, that the Palestinians have the right to self determination, but this is rather a subjective...17 Jun Closing Remarks on Boumediene Insta-Symposium
Roger Alford For those who are suggesting that we improve the format or offer greater diversity of voices, can you be specific about your recommendations or constructive criticisms? Thanks. Roger Alford Michael A. Innes I stumbled upon Opinio Juris somewhat serendipitously, just before it initiated its Insta-Symposium on the Boumediene case. I thought the approach was simply excellent. As a social scientist sensitized to but not trained in problems of international law, I find that OJ fills a critical void, translating the significance of current issues for the rest of...18 Oct Yale Journal of International Law, Vol. 34, No. 2: Online Symposium
The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in our fourth online symposium (previous symposia can be found here). This Monday, Tuesday, and Wednesday we will feature three Articles published by YJIL in Vol. 34, No. 2, which are available for download here. Our sincere thanks to Julian Ku and the rest of the Opinio Juris team for hosting this exciting discussion. On Monday, Evan J. Criddle (Syracuse University College of Law) and Evan Fox-Decent (McGill University Faculty of Law) will discuss...24 Nov Claim Against Rumsfeld Dismissed… Because of Immunity?
...backlash against its attempts to prosecute Ariel Sharon — led, ironically enough, by Rumsfeld himself — ultimately led the Belgian Parliament to repeal its landmark universal jurisdiction law. That said, there is no question that Rumsfeld is not entitled to immunity from prosecution for acts of torture. However unsettled the law of immunity might be, it is at least clear that functional immunity — immunity ratione materiae — does not preclude a government official from being prosecuted for serious international crimes. The House of Lords specifically held in Pinochet #3...09 May When is an Arbitral Panel an International Tribunal?
these courts either assume that such arbitral panels are “international tribunals,” or focus on the fact that the arbitral tribunal has its origins in a bilateral investment treaty. Although the absence of judicial review in the investment context is even more pronounced than in private commercial arbitration, this factor has not featured in any of the decisions applying Section 1782 to investment arbitration. In short, federal courts take a functional approach in defining an “international tribunal” in the commercial arbitration context, and a formalist approach in the investment arbitration context....
21 Mar The Dangerous Ramifications of Recognizing the End of Nagorno-Karabakh
the ICJ’s orders or to its international human rights obligations. Such non-compliance highlights a growing contempt for international law and legal institutions, weakens the authority of the ICJ, and threatens the rule of law and the peaceful resolution of disputes. Summarily accepting the end of Nagorno-Karabakh therefore risks legitimizing Azerbaijan’s flagrant violations of the ICJ’s orders to achieve that end. Conclusion The end of Nagorno-Karabakh (conflict and Republic), as it stands, presents a troubling precedent for international law and the norms governing State behavior. While international law provides valuable tools...