Search: Symposium on the Functional Approach to the Law of Occupation
06 Sep Syria Insta-Symposium: The “Law” in International Law: A Response to Carvin
they are law, such as prohibitions of murder or theft, in which case their status as law is merely an additional reason to comply. But even rules that are perceived to have little independent moral justification have (or at least are supposed to have) independent moral force, by virtue of being law. The effect that this moral force has on behaviour is crucial to any well functioning legal system. It is especially important in international law, where there are comparatively few opportunities for third-party enforcement of legal rules. Similarly to...23 Sep Book Symposium: Cyber War and the Question of Causation
the right to self-defense under Article 51, and what counts as an attack for purposes of jus in bello. I argue that the lacuna is not terribly surprising since the law of war has generally avoided issues of causation because, unlike tort and criminal law, issues of causation are usually (with some notable exceptions) fairly uncontroversial in wartime. Cyber might change that. Let me explain in greater depth why I think that the increasing threat and deployment of cyber-weapons will force (or should force) the law of war to develop...
23 Mar SCSL Symposium: Legacy of the Special Court for Sierra Leone–Creating Space for Non-Judicial Alternatives
[Linda E. Carter is a Distinguished Professor of Law Emerita at University of the Pacific, McGeorge School of Law. 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.] Professor Jalloh’s excellent book on the legal legacy of the Special Court for Sierra Leone (SCSL) gives us a comprehensive view of...
20 Aug Symposium on Informers Up Close: Weaponizing the Populace
door for all states to do so, and to the provision of that law enabling private citizens to sue any person who facilitated an abortion and to collect a minimum of $10,000 in reward. Reports at the time described the measure primarily as a way to restrict abortion and evade possible limits that might come through regulation under the criminal law or through the pending decision in Dobbs. SB8, however, did far more than that. It also was a way for the state to use its own people, to weaponize...29 May Introduction to the Virginia Journal of International Law/Opinio Juris Online Symposium for Issue 52:3
for Extraterritorial Self-Defense,” Ashley Deeks (Columbia Law School, incoming Associate Professor of Law, University of Virginia School of Law) offers the first sustained descriptive and normative analysis of the “unwilling or unable” test in international law. Descriptively, it explains how the “unwilling or unable” test arises in international law as part of a state’s inquiry into whether it is necessary to use force in response to an armed attack. It identifies the test’s deep roots in neutrality law while simultaneously illustrating the lack of guidance about what inquiries a victim...
10 Dec Symposium: A Duty to Prevent Genocide–Due Diligence Obligations among the P5 (Part One)
standard in the holding of the International Court of Justice (ICJ or the Court) in the Bosnian Genocide case, but also on the development of the standard over centuries of judicial decisions, claims commission findings, arbitration awards, and writings of highly qualified publicists, in areas as varied as environmental law, the law of the sea, diplomatic law, the law on the protection of foreign nationals, human rights law, and humanitarian law. From these subsidiary sources of international law, I posit that the due diligence standard, which underpins all duties to...