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

way to see complementarity, no, namely, ensuring monopoly of method (selective liberal criminal trials) and creating a cartel (and a protectionist market barrier) to suborn alternatives? After reading your book, well, it confirms (for me) my instinct why, in this neo-liberal frame, meaningful corporate responsibility at the level of international law is an impossibility (p. 208). The whole infrastructure is simply too corporatized. Truly, the only meaningful option is some sort of radical revolution at the domestic level, back in the world of national contract law and national corporate law,...

[ Boravin Tann is a researcher and lecturer at the Center for the Study of Humanitarian Law based at the Royal University of Law and Economics (RULE), Cambodia. Rosemary Grey is a Senior Lecturer at Sydney Law School, The University of Sydney.] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and reproductive autonomy. The symposium complements a one-day conference to be held...

[Dov Jacobs is an Assistant Professor of International Law at Leiden University] This first part of the symposium will provide an opportunity to discuss some aspects of what is considered to be one of the key judgments of the ICJ, some 25 years after it was issued. The two comments you will read today, from John Dugard and André Nollkaemper are in response to the following articles that are published in the Leiden Journal of International Law. These articles are part of a two issue symposium celebrating the 25 years...

one). Perhaps the law of armed conflict governs self-defense killings after all, exempting them from the general prohibition of killing civilians not taking direct part in hostilities. Perhaps combatant immunity applies to self-defense killings even if the law of armed conflict does not. Perhaps international law requires States to apply their national criminal law to foreign soldiers without discrimination (see, e.g., here). Or perhaps foreign soldiers enjoy other immunities under international law in such cases. I won’t explore these possibilities further, but look forward to learning from the contributors’ reactions....

[Kimberly Mutcherson is a Professor of Law at Rutgers Law School] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and reproductive autonomy. The symposium complements a one-day conference to be held on 11 June 2024,  in which legal practitioners, scholars, activists, and survivors will meet in The Hague and online to share knowledge and strategies for addressing reproductive violence in international criminal law....

a detailed list of those crimes, which had a mixed reception during the negotiation session. The current draft aims to overcome obstacles and objections by replacing the whole lists with a succinct formulation: “States Parties shall ensure that their domestic law provides for the criminal or functionally equivalent liability of legal persons for human rights abuses that amount to criminal offences under international human rights law binding on the State Party, customary international law, or their domestic law.” (emphasis added) Although well meaning, the change may not serve the purpose...

[ Alix Vuillemin is the Executive Director of Women’s Initiatives for Gender Justice. Rosemary Grey is a Senior Lecturer at Sydney Law School, The University of Sydney.] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and reproductive autonomy. The symposium complements a one-day conference to be held on 11 June 2024,  in which legal practitioners, scholars, activists, and survivors will meet in The...

[Jedidiah J. Kroncke is currently Professor of Law, Fundação Getulio Vargas Law School at São Paulo.] This post is part of the NYU Journal of International Law and Politics Vol. 46, No. 1 symposium. Other posts in this series can be found in the related posts below. I want to again thank the editors at NYU JILP for their work organizing this symposium, and express my gratitude to Cynthia Estlund, John Ohnesorge, and Eva Pils for their efforts to engage my article. The following only incompletely addresses their many insightful...

[David Sloss is a Professor of Law at Santa Clara University.] I want to thank Opinio Juris for hosting a symposium on my new book, published last fall by Oxford University Press. I also want to thank the group of distinguished scholars who have agreed to offer their perspectives on The Death of Treaty Supremacy as part of this symposium. I very much look forward to their contributions. The book’s central claim is that an invisible constitutional revolution occurred in the United States in the early 1950s. From the Founding...

[Alexandra Hofer (a.s.hofer@uu.nl) is an assistant professor in public international law at Utrecht University and affiliated researcher at the Ghent Rolin-Jaequemyns International Law Institute (GRILI ).] Note to reader: most of this piece was written on Friday, 25 February. Given the speed at which the situation is evolving it may not be up-to-date at the time of publication, though it tried to take into account some of the additional measures announced as of 26 February. It would be unoriginal to start this introduction to the Symposium on Charlotte Beaucillon (ed),...

like to thank the Yale Journal of International Law and Opinio Juris for making possible this online symposium on our recent article, Avoiding Adaptation Apartheid: Climate Change Adaptation and Human Rights Law. We’re looking forward to the forthcoming discussion. Our article aims to explain how the international law of human rights can inform the understanding of, and guide policy decisions regarding, climate change adaptation. We argue that, thus far, analyses linking human rights and climate change have focused primarily on mitigation (reducing greenhouse gas emissions to lessen the extent of...

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...