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

courts will be prohibited from relying on international or Sharia law as a tool to develop the common law or to interpret Oklahoma statutes or the Oklahoma or federal constitutions. Second, governing law clauses in contracts that rely on international law or Sharia law will not be enforceable. Third, the provision prohibiting state courts from addressing “legal precepts of other nations or cultures” may preclude courts from enforcing foreign choice of law provisions. Fourth, the enforcement of foreign judgments that rely on foreign law as the rule of decision may...

international law or its lawyers. The Profession and International Law in General While the choice of the treaty is interesting and representative – the contents of the treaty are less representative but equally illuminating. It shows that the general understanding among non-lawyers of treaties is that they are like legislations – but at the international level. It also blurs one of the key distinctions between domestic and international law – while domestic law applies to individuals and entities within their territories, the traditional subjects of international law have been countries...

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...

[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...

[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...

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...

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...

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...

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,...

law. Just like the conference, this symposium is not just an academic exercise—it is part of a global movement to rethink, reframe, and ultimately reshape international law to serve those it continues to fail. I have the honour of drafting this introduction, a task I approach with the urgency of the moment. As we will see in the coming days, solidarity may involve agitating at universities, revisiting aspects of the Genocide Convention, or petitioning Third World states to align their rhetorical support with stronger participation in boycott campaigns. For example,...

[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,...

prioritize all international law obligations, rather as I’ve noted previously, these legal orders clarify when and how some international law obligations will have the status of domestic law). In other words, domestic law supremacy appears to be the norm in domestic legal systems in much the same way as international law supremacy operates within international law. To alter the international law supremacy framework could, therefore, have far-reaching consequences for the autonomy of the international legal order (an autonomy that is already threatened from within by questions of fragmentation and treaty...