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

Time for more self promotion… I will be speaking at a symposium being held this Friday, March 24 at my alma mater the Yale Law School on “The Most Dangerous Branch? Mayors, Governors, Presidents and the Rule of Law”. The symposium is about more than foreign affairs, but the foreign affairs component alone is pretty impressive (I’m not just saying this because of the well-known figures who will be participating, but because I’ve also seen the papers already). For a short preview of some of the foreign affairs issues we...

[Dire Tladi is a Professor of International Law, at the University of Pretoria, a member of UN International Law Commission and its Special Rapporteur on Peremptory Norms of General International Law (Jus Cogens).] I am grateful to Jennifer for inviting me to contribute to this symposium on her book Existing Limits to Security Council Veto Power in the Face of Atrocity Crimes. When she first asked me to participate in the symposium in August of this year, my response to her was: “I took a while to respond because I...

I will speaking tomorrow at the Barnes Symposium held at the University of South Carolina Law School. The symposium as a whole will discuss the legitimacy of western views of human rights and will have participants from all over the world, both in person and via video conference (a list of speakers is found here). I myself will focus on my little piece of this conversation – the use of international human rights treaties to interpret the U.S. Constitution. If we have any (friendly) readers in the USC community, I...

that may have effects beyond their national jurisdictions, even absent specific treaty obligations. Armin von Bogdandy and Dana Schmalz (Max Planck Institute for Comparative Public Law and International Law), Jan Klabbers (University of Helsinki), and Christopher McCrudden (Queen’s University Belfast) will comment on Eyal’s article. As always, readers are welcome and encouraged to participate in the discussion via the comments section for each post. We are very happy to be working with the editors of the American Journal of International Law on this symposium and look forward to the conversation....

[Leila Nadya Sadat is the James Carr Professor of International Criminal Law and the Director of the Whitney R. Harris World Law Institute at the Washington University School of Law. sadat@wustl.edu. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] The book that is the centerpiece of this micro-symposium, The...

[Martins Paparinskis, DPhil (Oxon), is a Lecturer in Law at the University College London.] 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 am grateful to the UCL LLM class of International Law of Foreign Investment for clarifying my thinking on some of these matters. A natural reaction to such an elegant and erudite article is to offer unqualified praise to its author. While not easily, this reaction should be resisted, as...

problems. For instance, in Analogies and Other Regimes of International Law, Paparinskis recognizes that “investment law partly borrows and partly diverges from pre-existing regimes of international law” so that an interpreter is “required to determine the degree of similarity and difference so as to elaborate the ordinary meaning of both particular terms and broader structures.” Moreover, he continues, “the interpreter may plausibly rely on different approaches, with importantly different implications for the meaning and operation of particular elements of investment law.” The reason we need to develop a hybrid theory...

[ Ms Frances Anggadi (Twitter: @francesanggadi ) is a PhD candidate at the University of Sydney Law School, co-chair of the Oceans and International Environmental Law Interest Group of the Australian and New Zealand Society of International Law, and researcher at the University of Sydney Marine Studies Institute.  Frances’ research interests include maritime zones and sea-level rise and the importance of State practice in international law methods .] Having the status of an ‘island’ is essential for a feature to support the full set of maritime zones under the international...

[Andrea K. Bjorklund is currently the Visiting Professor (Guest of the L. Yves Fortier Chair in International Commercial Arbitration), McGill University Faculty of Law; she is also a Professor of Law at the University of California, Davis. Daniel Litwin is a B.C.L./LL.B. Candidate, McGill University Faculty of Law.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. Thank you very much to the Virginia Journal of International Law and...

[Patricia Vella de Fremeaux is Professor and Head of the International Law Department of the Faculty of Laws, University of Malta. Dr Felicity G. Attard is a lecturer in the Department of International Law at the University of Malta.] In Part One, an overview of the Pact was examined in order to set the context for the following discussion on maritime search and rescue aspects contained in the instrument as well as an analysis of the human rights considerations. While the duties of SAR remain firmly within the Member State’s...

...non-international armed conflicts. Alongside these international legal instruments, customary law firmly enshrines the principle of protecting cultural property during armed conflict, expressly prohibiting its targeting. An important example of this development is the 1995 Duško Tadić case by the International Criminal Tribunal for the former Yugoslavia which affirmed the customary rule of international law prohibiting acts of theft and vandalism during non-international armed conflicts. The United Nations Declaration on the Rights of Indigenous Peoples, in Articles 11 and 12, enshrines not only the right to repatriation of human remains through...

dispute might be managed while respecting both sides’ interests and normative frameworks; and the question of how hard and soft law interact in this case and in others. We will deal with the first two here and the other one on hard-soft law in a separate post. Where Do Our Sympathies Lie? Our primary aim in When Cooperation Fails is analytic – to understand the roots of the dispute, the various failures to resolve it through bilateral and multilateral cooperation, the international law that has arisen from it, and the...