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

[Frank Haldemann is Co-Director of the Master of Advanced Studies in Transitional Justice, Human Rights and the Rule of Law at the Geneva Academy of International Humanitarian Law and Human Rights.] I first met Ruti in 2006, when I was a Hauser Global Research Fellow at the New York University of Law. For many of us working on transitional justice in these still early days, Ruti’s book Transitional Justice represented the ultimate reference point for any serious discussion about the topic. I was of course thrilled when she kindly accepted to comment...

[ Francesco Messineo is a Lecturer in Law, Kent Law School, Canterbury (UK).] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. Unless international lawyers get their act together and agree on the basic meaning of the key terms in their discipline, says Jean d’Aspremont, observers (and, crucially, funders) may suddenly realize that the profession is really no more than an ‘expensive debating club’ – often funded by the taxpayer – ‘in...

[Yasmine Nahlawi is an independent researcher specialising in R2P and its applicability to the Syrian and Libyan conflicts. She holds a PhD in Public International Law from Newcastle University, LLM in International Legal Studies from Newcastle University, and BSc in Political Science from Eastern Michigan University.] Throughout the Syrian conflict, I led policy initiatives for civilian protection alongside civil society leaders, iNGOs, and public officials within the UK and wider Europe. Despite the flagrant international law violations committed within the conflict that amounted to mass atrocity crimes, and despite the...

our approach, the ethics of letting go, the ethics of respecting the lives of others. If this is one contribution that Informers Up Close could make, namely ensuring dignity through detail, to flourish by not being flat, then we feel this entire project, this adventurous journey – bold, soft, and sassy — could inclusively inspire to make law scholarship not law-less but a bit more law-light, and in this vein bring ‘order’ closer to the ‘soul’. Indeed, this, too – as Nesam remarks – is its own methodology. We are...

upon diverse legal frameworks – including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility – to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P’s application, most notably those that pertain to the use of force (or lack thereof),...

event in cyberspace occurs at once everywhere and nowhere, what law applies? How can consumers be protected when engaging with companies across the world? In this accessible book, cyber-law expert Anupam Chander provides the first thorough discussion of the law that relates to global Internet commerce. Addressing up-to-the-minute examples, such as Google’s struggles with China, the Pirate Bay’s skirmishes with Hollywood, and the outsourcing of services to India, the author insightfully analyzes the difficulties of regulating Internet trade. Chander then lays out a framework for future policies, showing how countries...

(at 127). If these distinctions are no longer relevant and customary international law applies, then an examination of enabling legal frameworks turns from examining grave breaches to how the forum State applies customary international law domestically—and whether there is appetite and existing precedent to use this for the prosecution of non-international armed conflict war crimes. Notably, there has been at least some domestic judicial recognition of customary international law regarding grave breaches applicability to NIAC. Further, any relevance of customary international law in domestic forum States without Rome Statute ratification...

[Jonathan Baron is Professor of Psychology at the University of Pennsylvania.] 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 to the Virginia Journal of International Law for inviting me to participate and to Opinio Juris for hosting this discussion. I found this Article to be interesting and informative. It all makes sense to me, and I have no major criticisms. I would like to mention a...

[Charles C. Jalloh is a Professor of Law at Florida International University, USA. Jalloh previously served as a legal adviser in the Special Court for Sierra Leone and is founder of the Center for International Law and Policy in Africa based in Freetown, Sierra Leone. His related works include, as editor, The Sierra Leone Special Court and Its Legacy: The Impact for Africa and International Criminal Law (Cambridge, 2015)] . It has been wonderful and humbling to read these thirteen excellent reviews of my monograph, The Legal Legacy of the...

This week, we’re hosting a symposium on The Democratic Foundations of Policy Diffusion: How Health, Family and Employment Laws Spread Across Countries, a new book by Katerina Linos (Berkeley Law). Here is the publisher’s description: Why do law reforms spread around the world in waves? Leading theories argue that international networks of technocratic elites develop orthodox solutions that they singlehandedly transplant across countries. But, in modern democracies, elites alone cannot press for legislative reforms without winning the support of politicians, voters, and interest groups. As Katerina Linos shows in The...

[Jean d’Aspremont is Associate Professor of International Law, Amsterdam Centre for International Law (ACIL), University of Amsterdam and Editor-in-chief of the Leiden Journal of International Law] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. Debate has always been a central medium of thought-making and, hence, knowledge-production in social sciences. This is why, albeit aware of the pitfalls of such platforms (see my EJIL:Talk! post), I initiated, with the help of Dov...

[Adil Ahmad Haque is an Associate Professor of Law at the Rutgers School of Law-Newark.] 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. I want thank Andrew Woods, the Virginia Journal of International Law, and Opinio Juris for the opportunity to respond to such a rich and provocative Article. I could probably write 600 words on any single section of Andrew’s paper, but for present purposes I’ll confine...