Search: Symposium on the Functional Approach to the Law of Occupation
01 Apr HILJ Online Symposium: Monica Hakimi Responds to Tim Meyer
norm. This makes unfriendly unilateralism a potentially versatile and potent lawmaking tool. It also makes many international lawyers uncomfortable. To many, unfriendly unilateralism looks more like the nastiness of power politics than like the order and stability of the rule of law. My normative claim is that using unfriendly unilateralism in lawmaking can, all things considered, be good for international law. And further, it can be good for international law even if the conduct itself is unlawful. To be clear, I do not take a position on whether using unfriendly...
31 Mar COVID-19 Symposium: “Can They Really Do That?” States’ Obligations Under the International Health Regulations in Light of COVID-19 (Part I)
[Pedro A. Villarreal is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law.] In what is now an omnipresent claim, the coronavirus (SARS-CoV-2) pandemic currently rages throughout the globe. The epidemiological situation changes on a daily basis, often in dramatic fashion. Such fast-paced dynamism also encompasses the measures adopted by domestic authorities – for which there is a very useful tool here. It is appalling to see how the crisis has already shaken the deepest structures of society. As this symposium shows, the...
24 Aug Symposium on Myanmar and International Indifference: Rethinking Accountability
There are a few anniversaries of note in 2022, which should prompt us to deeper conversations and more concerted action. It is the 10th anniversary of the forced Rohingya exodus from Myanmar, with 25 August marking the 5th Rohingya Genocide Remembrance Day. This year also marks the 20th anniversary of the entry into force of the Rome Statute, which established the International Criminal Court. This year, the intention of this symposium hosted by the Asia Justice Coalition and Opinio Juris is to bring renewed international attention to the growing and...
31 Mar COVID-19 Symposium: “Can They Really Do That?” States’ Obligations Under the International Health Regulations in Light of COVID-19 (Part II)
[Pedro A. Villarreal is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law.] The WHO’s Oversight of the IHR’s Obligations – Still No Health Police As explained in the previous post, the WHO cannot invoke legal responsibility when states breach the IHR. Reports of non-compliance have been presented at the World Health Assembly – without further action. No explicit mandate is granted by the IHR to the WHO to hold states responsible when the IHR is breached. An example highlighting this gap is...02 Apr HILJ Online Symposium: Greg Shill Responds to Christopher Whytock
[Greg Shill is a Visiting Assistant Professor at the University of Denver Sturm College of Law.] This post is part of the HILJ Online Symposium: Volumes 54(2) & 55(1). Other posts in this series can be found in the related posts below. I thank Professor Christopher Whytock for engaging with the ideas in my article, Ending Judgment Arbitrage: Jurisdictional Competition and the Enforcement of Foreign Money Judgments in the United States, 54 Harv. Int’l L.J. 459 (2013), and the Harvard International Law Journal and Opinio Juris for hosting this symposium....
14 Sep Transitional Justice Symposium: An Introduction
[ Ruti Teitel is the Ernst C. Stiefel Professor of Comparative Law, New York Law School; and a Visiting Fellow, London School of Economics and the author of Transitional Justice (OUP, 2000).] As one enters the main building of Humboldt University in Berlin, one finds a famed quotation from Karl Marx, which has survived the post-Communist transition: “The philosophers have only interpreted the world, in various ways. The point, however, is to change it”. Contra Marx, I wrote my book Transitional Justice very much as an interpretation of the world...
12 Sep Libya and International Justice Symposium: The EU is Also Responsible for the Death of Migrants and Refugees in Libya
The European Union’s migration containment policy is trapping people in detention centres that are being targeted in the Libyan conflict. [Marwa Mohamed is Head of Advocacy and Outreach at Lawyers for Justice in Libya. LFJL’s #RoutestoJustice programme works to promote the rights of migrants and refugees in Libya and to provide them with access to justice using domestic courts, regional human rights courts and mechanisms and international human rights mechanisms and tribunals. This is the latest post in our symposium with Justice in Conflict on Libya and International Justice. Salah...
25 May Affective Justice Symposium: Affective Justice Under Scrutiny–Introduction to the Forum
ethnographic exploration of the ICC at various geographic sites. I committed myself to taking seriously the role of emotion and affects as central (and not residual) to international law’s power. This study that led to the book’s publication does not argue for or against the court. Nor does it maintain a position on which interpretation of international customary law ought to be dominant. Rather, this contribution is an attempt to understand the force of the law beyond the black letter. It explores law’s force through the affective worlds that carry...
18 Oct International Organizations Accountability Symposium: Compensation Practices from the Field– What Can the Practices of National Militaries teach IOs?
as loss of earnings. In addition, harms arising out of ‘operational necessity’ are excluded—a concept developed specifically in connection with UN peacekeeping operations. As Carla Ferstman noted in her contribution to this symposium, the UN has taken the position that these policies on compensation are lex specialis, and not guided by general principles applicable in other areas of law. This is where the practices of national militaries come in. Some such systems are highly formalised, like the US army’s approach to claims under the Federal Claims Act while others are...