Search: Symposium on the Functional Approach to the Law of Occupation
01 Nov Re-issuing our Call for Submissions: Confronting Systemic Racism and Sexism in Legal Academia
have progressed on the issue of gender disparity, we are told. For example, Philippe Sands proclaims that “the gender balance of those teaching law has largely been sorted.” Unfortunately, his claim is hyperbolic with male professors in the UK still outnumbering their female counterparts by three to one. British law schools could celebrate employing a record number of Black female professors across disciplines. Alternatively, they might confess that 11 professors spread across over one hundred law schools is an unenviable figure. Given that 1/3 of the 70,000 students studying law...23 Aug Online Symposium: Conclusion
as our own permanent contributors Kevin Heller and Julian Ku, for their excellent contributions to this online symposium. The various comments have been spirited, thoughtful, and illuminating. We at Opinio Juris are planning more online symposia in the coming months. It quite clearly is a novel and useful way to contribute to the academic discussion about international law and politics. And with a few thousand visitors in the past three days, we are thrilled to offer this vibrant marketplace for scholars to promote their ideas. We hope you enjoyed it....
03 Nov Symposium on the ECCC: Beyond Forced Marriage – Sexual, Gender-Based and Reproductive Crimes in the ECCC
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...07 Jul War or Crime? Some Thoughts on the 7/7 Attacks in London
there some third way that could balance these concerns? My own take (for what it is worth) is that we need some sort of third way, but if I had to pick between the “war” approach vs. the “law enforcement” approach, I would have to go with the “war” approach as the lesser of two evils. It seems to me, though, that it is the responsibility of lawyers and policy makers to come up with some third way rather than simply take potshots at each other from their ideological bunkers....
06 Apr James Crawford as a Research Mentor: A Personal Tribute
he engaged with- and surely the lesson here is that one cannot hope to appreciate the specific without a complete, authoritative understanding of the general. This breadth of subject-matter was then taken to another level by the remarkably rich and diverse range of approaches enabled through the work of his students. This was only possible because of James’ open approach to supervision, allied to an open-minded, ecumenical approach to the field and its possibilities. James may not have adopted all these approaches in his own work. Indeed, some of them...
15 Jan An Intersectional Approach to Colombian Transitional Justice and COVID-19
[ Hayle y Evans (@HayleyNEvans) is a 2019 J.D. graduate of Harvard Law School and an incoming Research Fellow at the Max Planck Foundation for International Peace and the Rule of Law. Priscyll Anctil Avoine (@Cyppp_) is a PhD candidate in Political Science and Feminist Studies at Université du Québec à Montréal (Canada) and the director of Fundación Lüvo, a feminist and antiracist collective.] In Colombia, the COVID-19 crisis has seriously complicated an already tense humanitarian setting. As of December 12th, Colombia has had more than 1.4 million confirmed cases and 38,669 deaths from...19 Nov The Natural Superiority of Courts
Despite the title of his post, I do not read Chris Borgen as a natural law skeptic! He accepts the existence of norms and principles that must be explained by theories other than positivism. He is just skeptical about the standard approach to explaining the source of natural law, namely, the use of the concept of the common good. I am concerned about that approach, too, and for some of the same reasons as Chris. Like him, I, too, see the New Haven School taking a common good approach that...
15 Jun Religion and Genocide: Perspectives from the International Crimes Tribunals-Bangladesh
[Barrister Tapas Baul is a Prosecutor at the International Crimes Tribunal-Bangladesh. He is an Adjunct Faculty of International Criminal Law, Clinical Legal Education and Penal Laws in Jahangirnagar University and Bangladesh Open University. Mr Aakarsh Banyal is a University Merit Scholar and Shantanu Tomar Scholar at Symbiosis Law School, Pune, India.] Introduction The International Crimes Tribunals of Bangladesh is a domestic tribunal established under a domestic law, i.e., International Crimes (Tribunal) Act, 1973 (hereinafter, ‘the Act’). The Act was enacted to try perpetrators who had committed international crimes within the...