Search: Symposium on the Functional Approach to the Law of Occupation
28 Oct Richard Fallon on Law Professor Amicus Briefs
process). A very preliminary attempt at mapping this out is my article with Ruti Teitel, "Cross-Judging" at http://law.nyu.edu/ecm_dlv4/groups/public/@nyu_law_website__journals__journal_of_international_law_and_politics/documents/documents/ecm_pro_064130.pdf. One implication is that domestic judges, and advocates, need to school themselves in international law, one of the reasons that I and other colleagues argued at Michigan for making a course with significant international law content obligatory for all law students. But this is a longer discussion-I only wanted to point out that I do not regard international law as a kind of "exception", but that it is part of the law...29 Mar Symposium: Discussion of Osofsky’s “Climate Change Litigation as Pluralist Legal Dialogue?”
of international law, and that, perhaps, states are the only subjects of international law. Hari also refers, more approvingly, to a “modified Westphalian” approach, which seems to differ from traditional law in recognizing that non-states can be subjects, too. Almost no one today believes that only states can be subjects of international law. To believe that, one has to close one’s eyes to fairly large areas of the law, like human rights law and international investment law. The modified Westphalian view, however, is very much alive and well, and in...17 May Symposium: The Rule of Law: Thick, But Not Too Thick?
[John Tasioulas is Yeoh Professor of Politics, Philosophy and Law at the Dickson Poon School of Law, King’s College London and Visiting Professor of Law, University of Chicago Law School. This is the third post in the Defining the Rule of Law Symposium, based on this article (free access for six months). The first is here and the second, here.] One can, without linguistic impropriety, use the phrase “the rule of law” to denote a number of significant though distinct ideas. Most expansively of all, it can be used to...
22 May The ILC Work on the General Principles of Law and its Implications for the Coherence of the International Legal System
[Dr. Pouria Askary is an Associate Professor of International Law at Allameh Tabataba’i University (ATU).] This post is based on a presentation delivered in a webinar organized by AALCO on 6 April 2023. Since the very beginning, the work of the International Law Commission (ILC) on the topic of general principles of law has surprised many States as well as commentators by introducing a second category of general principles of law which are, as reflected in the latest version of the text of the draft conclusions provisionally adopted by the...
04 Mar “Private” Breaches of International Law: Lessons from Domestic Courts for International Investment Law
that corporations not enjoy a “blanket exclusion” from liability for violations of “obligatory, definable and universal norms of international law”. To argue otherwise, in her opinion, is a “misconception” of modern international law. Lessons for International Investment Law The majority’s decision is revolutionary in explicitly identifying obligations for private actors in customary international law. The traditional characterisation of international law as creating rights for both states and individuals but obligations only for states, therefore, can no longer stand. Crucially, the majority in Nevsun make no distinction between positive and negative...
22 Dec Symposium on Classism and the International Legal Profession: The Tragicomedy of Critics in the Classist Discourse of International Law
of international law and earning? Even if there was, why was it problematic? In what follows, I explore this tragicomedy of critics in the classist international law discourse. Initially, it is demonstrated that since international law evolved from the classist discipline of law, its connection with classism was inevitable. It had a special place for the privileged, while it filtered those who criticised its classist structure. This created a complex tragicomedy in which the critical scholars of international law (CSIL) assimilated with the same classist structures they were committed to...28 Aug New and Lateral International Law Professor Hires
of Chicago, 1994.(comparative law, international law, conflicts of law). Entry-Level Hires: Boston College: Vlad Perju. J.D. equivalent, University of Bucharest, LL.M. Harvard. (comparative constitutionalism, EU law, jurisprudence). Columbia: Matthew Waxman. J.D., Yale, 1999. (international terrorism, international relations, laws of war) Fordham University: Andrew Kent. J.D., Yale, 1999. (national security law and constitutional law, public international law, including the laws of war, U.S. foreign relations law, and U.S. legal and diplomatic history). Georgia: Harlan Cohen, JD, NYU, 2003. MA, History, Yale, 2000 (human rights, foreign relations law, international criminal law). Georgia...04 May More from O’Connell on bin Laden Killing as Peacetime Use of Force
Mary Ellen O’Connell has written a more detailed analysis of the international law involved in the bin Laden killing responding to some of the comments on her Opinio Juris post. Here’s a taste: The use of lethal force is governed by two types of international law: the law of peace and the law of armed conflict. In peace, international law supports national legal systems when it comes to the resort to force. National systems restrict the use of force to law enforcement authorities — the police, or in special circumstances,...
08 Mar A Visible College: Public Engagement with International Law(yers) During the Ukraine Invasion
[Vivek Bhatt is an Assistant Professor of International Law and Human Rights at Utrecht University’s Netherlands Institute of Human Rights ( SIM ).] I. Introduction In an article written after the NATO intervention in Kosovo, Charlesworth describes international law as a “discipline of crisis.” To Charlesworth, the discipline of international law is stifled by scholars’ fascination with moments of crisis for the law’s enforcement and development. This fascination, she argues, prevents us from investigating the ways in which international law shapes everyday life outside the contexts of war, terrorist attacks,...