Search: Symposium on the Functional Approach to the Law of Occupation
29 May VJIL Symposium: Introducing Moral Judgments & International Crimes
[Andrew K. Woods is currently a Climenko Fellow at Harvard Law School.] 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 Opinio Juris for hosting this online discussion on my recent VJIL Article, “Moral Judgments & International Crimes: The Disutility of Desert.” The international criminal regime exhibits many retributive features, but scholars and practitioners rarely defend the...
10 May New Technologies Symposium: Concluding Thoughts
[William Boothby is an Adjunct Professor of Law at La Trobe University, Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium .] In New Technologies and the Law in War and Peace we recognise the existence of a linkage between the military and consumer uses of a number of pivotal emerging technologies and consider how the law will develop to regulate their application in those distinct spheres of application. The contributing authors laid before the readers factual material relating to the respective...
15 Sep Transitional Justice Symposium: Giving Politics Its Due–Late Reflections on Ruti Teitel’s Transitional Justice
[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...09 Oct LJIL Symposium Vol 25-3: Wording in International Law: Not really a ‘hen house’: dynamics of competition amidst fears of oblivion
[ 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...
20 Apr Symposium: The Responsibility to Protect in Libya and Syria–Introductory Post
[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...
25 Aug Rohingya Symposium: The Rohingya Cases before International Courts and the Crime of Genocide
[Melanie O’Brien is Senior Lecturer in International Law at the University of Western Australia, and Second Vice-President of the International Association of Genocide Scholars.] As part of the Opinio Juris symposium, “The impact and implications of International law: Myanmar and the Rohingya”, this post looks at the potential impact and implications of the International Court of Justice (ICJ) and International Criminal Court (ICC) cases on the crime of genocide. Is there anything specific about the Rohingya cases in these two courts that may in some way develop the definition of...21 Oct Book Symposium: The Electronic Silk Road by Anupam Chander
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...
31 Aug Symposium on Myanmar and International Indifference: Rethinking Accountability – Centering Accountability in Asia: Universal Jurisdiction, Grave Breaches, and Cautious Optimism
(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...29 May VJIL Symposium: Comment – Second Party and Third Party Punishment
[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...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...