Search: Symposium on the Functional Approach to the Law of Occupation
04 Jun The Civil War and the Blockade of Gaza (a Response to Posner)
neutrality, which differs in important ways from the law of land warfare. In any case, contemporary law, terminology aside, says that insurgency is a domestic law issue, on which international takes no position, one way of the other. It can and is criminalized by domestic law, and insurgents have no protection as such in international law (leaving aside specially contested questions such as AP1, art. 4) against prosecution by the domestic sovereign. Recognition of a belligerency by other sovereigns has no impact on the domestic law status of insurgents in...08 May Guest Post: French Companies May Build in the West Bank — An Assessment of the Versailles Court of Appeals Case
...of the land prior to its occupation ie some hybrid between 1967 Jordanian law and the law of the 1947 British mandate. Which ever law it is, there is clearly no express law that says Jews, or even any foreigner is not permitted to live anywhere in that state or extend a garden. So it now comes down to the details of planning law from an ancient and antiquated legal system. So lets say the garden extension did breach planning law Israel has failed to implement the law. Israel's breach...10 Dec Moreno-Ocampo Needs a Remedial Criminal Law Course
Where ruling of law reigns, there is no supremacy to no one, no official, no authority, but: Principals !! and above all, the principle of rule of law, means: No one is above the law !! So, the fact, that there is no constitution, to the Israeli state, never ever bared any fulfillment of that principle of rule of law. So , even the Knesset , is under such guidance , endless times , the supreme court , ordered and directed the Knesset , it is even prescribed by law...14 Mar Bradley Book Symposium: Response to the Commentary on International Law in the U.S. Legal System
international law in the U.S. legal system, including the domestic status of treaties and customary international law, the validity of executive agreements, delegations of authority to international institutions, Alien Tort Statute litigation, sovereign and official immunity, criminal law enforcement, and the U.S. conduct of war. At one time or another, I have written law review articles relating to most of these topics. As the contributors to the symposium observed, however, the book is not an effort to re-argue positions that I have advanced in scholarship over the years. Instead, I...
18 Apr Symposium on International Conflict and Security Law: A Research Handbook – The Extra-Legal Foundations of International Conflict and Security Law: the Importance of Identifying Globally Protected Goods and Collective Interests
Peremptory Norms of the International Community”, in European Journal of International Law, Volume 23, Issue 3, pp. 837-861). It seems clear that, in spite of their importance to assess the legitimacy of international law, there is no single and widespread definition of what these values are (on international “common goods”, see Cafaggio, F. and D. D. Caron, “Global Public Goods amidst a Plurality of Legal Orders: A Symposium”, in European Journal of International Law, Volume 23, Issue 3, 2012, pp. 643-649, as well as Shaffer, G. “International Law and Global...16 May Symposium: Defining the Rule of Law
[Robert McCorquodale is the Director of the British Institute of International and Comparative Law, Professor of International Law and Human Rights, University of Nottingham, and Barrister, Brick Court Chambers, London. This is the introductory post in the Defining the Rule of Law Symposium, based on this article (free access for six months).] References to the ‘rule of law’ in international law books, articles and blogs are everywhere. Yet very few of these authors set out what they mean by an international rule of law. Most of those who engage with...01 Feb A Few Comments on “Revisiting the Doctrine of Intertemporal Law”
history of international law is not law – they are the extinct Neanderthals of international law’s evolutionary process. And we will only know if they become law on hindsight, looking back to see where the one true law ended up travelling through time. This makes the process of understanding past law basically one of mere discovery. We already have the answer. We are only looking to see how we got to where we are now. But past law is not simply an incomplete version of current law. Past legal scholars...