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

[Tarini Mehta is Assistant Professor of Environmental Law, Assistant Dean of Student Affairs and Director of the Environmental Law and Science Advocacy Forum at Jindal School of Environment & Sustainability, O.P. Jindal Global University, India.] [This symposium was convened by Shirleen Chin, founder of Green Transparency. Shirleen was inspired by attending an Expert Working Group on international criminal law and the protection of the environment at the Promise Institute for Human Rights at UCLA School of Law in Spring 2020. See here for the original Opinio Juris symposium which emerged...

Making Sense of Darfur will be holding an online symposium over the next few weeks dedicated to analyzing what is likely to happen in Sudan in 2010 and 2011. Here is how it’s described by Alex de Waal, with whom I rarely agree but always respect: Sudan faces two momentous events in the next fifteen months. The first is the general election, intended as the first multi-party nationwide elections in the nation’s history (earlier multiparty elections in the 1960s and 1980s did not include war-affected areas in the south, an...

women into marriages and forcing them to consummate those marriages, using the crime against humanity of ‘other inhumane acts’. These charges resulted in convictions, as Melanie O’Brien details in her post in this symposium.  The marriage-related charges were included at the urging of the victims’ lawyers (e.g. here, here and here), with support also coming later from the prosecutors (paras 485, 1443-1453). But the victims’ lawyers and prosecutors also asked the investigating judges to investigate and charge other sexual and gender-based crimes, without success. Among other things, these unsuccessful requests...

[Mark A. Drumbl is the Class of 1975 Alumni Professor of Law and Director, Transnational Law Institute, Washington & Lee University, and Visiting Scholar, CICJ, VU University Amsterdam.] This post is part of the NYU Journal of International Law and Politics, Vol. 47, No. 4, symposium. Other posts in this series can be found in the related posts below. Atrocity begins with story-telling. Elegies lament unrighted wrongs from ancient battles. Fables weave and spin the bravado of national or ethnic superiority. The roll, pitch, and yaw of an entire literature...

[Tarini Mehta is Assistant Professor of Environmental Law, Assistant Dean of Student Affairs and Director of the Environmental Law and Science Advocacy Forum at Jindal School of Environment & Sustainability, O.P. Jindal Global University, India.] [This symposium was convened by Shirleen Chin, founder of Green Transparency. Shirleen was inspired by attending an Expert Working Group on international criminal law and the protection of the environment at the Promise Institute for Human Rights at UCLA School of Law in Spring 2020. See here for the original Opinio Juris symposium which emerged...

The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles recently published by VJIL in Vol. 49:3, available here. On Wednesday, Professor Duncan B. Hollis of Temple University James E. Beasley School of Law and Joshua J. Newcomer, Clerk for the Honorable Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit, will discuss their article “Political” Commitments and the Constitution. The authors offer a novel constitutional theory of political commitments –...

Next month, the University of Maryland School of Law will host a festshcrift honoring Professor Hungdah Chiu. Professor Chiu was a professor at U. Maryland and a well-known scholar of international law. He also was one of the first, and still one of the most important, scholars on the study of Chinese law (including both China and Taiwan) in the United States. (To me, though, Professor Chiu will always be Uncle Chiu, the father of one of my best boyhood friends. I didn’t realize he was a world-renowned scholar until...

[Phil Clark is a Professor of International Politics at the School of Oriental and African Studies (SOAS) at the University of London. An Australian by nationality but born in Sudan, Dr Clark is a political scientist specialising in conflict and post-conflict issues in Africa, particularly questions of peace, truth, justice and reconciliation. This is the latest post in our symposium on his book, Distant Justice: The Impact of the International Criminal Court on African Politics .] When I began researching Distant Justice in 2006, the rhetoric within the ICC and...

[Giovanni Mantilla is University Lecturer in the Department of Politics and International Studies (POLIS) and Fellow of Christ’s College, Cambridge, and of the Lauterpacht Centre for International Law and is the author of Lawmaking under Pressure: International Humanitarian law and Internal Armed Conflict .] Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict is the culmination of several years of research and reflection on international humanitarian law (IHL). Years ago as a young undergraduate in Colombia, a country ridden by a decades-long conflict featuring routine events of atrocity, I...

evolving doctrine on amnesty in transitional justice schemes. Professor Laplante also shares the particular case study of Peru to show how international law directly impacts national transitional justice experiences. She suggests that the truth v. justice dilemma may no longer exist: instead, criminal justice must be done. Professor Ron Slye of Seattle University School of Law will serve as respondent. On Thursday, Professor Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, will discuss his essay The Inevitable Globalization of Constitutional Law. Professor Tushnet’s essay examines the forces...

Essentially, I found that there’s a big difference between how international law exists in theory versus how it exists in practice. The ATS is a particularly interesting case study in the practical implementation of international law, because it’s this obscure 18th century statute which grants US federal courts jurisdiction over lawsuits filed by foreign nationals, specifically for torts that are “committed in violation of the Law of Nations or a treaty of the United States.” So you can already see why there’s virulent debate about the scope and interpretation of...

a law of ecocide follow the definition initially formulated by the International Law Commission: “intentionally causing widespread, long-term and severe damage to the natural environment.” This is an ecocentric law, which considers the damage or harm suffered by the natural environment itself as the basis for the crime. In many ways, a law of ecocide is the logical extension of establishing rights of nature. Other “rights of nature” approaches focus on Constitutions, civil law, trusteeship/guardianship of lands, and legal personhood of natural objects. But these “rights of nature” measures typically...