Search: Symposium on the Functional Approach to the Law of Occupation
13 Nov Opinio Juris/Yale Law Journal Symposium: Hathaway and Shapiro on Outcasting
Starting this coming Tuesday, Opinio Juris is pleased to host a joint symposium with the Yale Law Journal on a new article by Oona Hathaway and Scott Shapiro, Outcasting: Enforcement in Domestic and International Law. Here’s the abstract: This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method that modern states use to enforce their law, outcasting is nonviolent: it does not rely on bureaucratic organizations, such as police or militia, that employ physical force to maintain...
10 May New Technologies Symposium: Technology, Synergy, and Regulation
the peacetime regulation of autonomous technologies that could benefit the law as to their military application and vice versa.” (p.177) In another example of considering how regulatory overlap can affect the regulation of military technologies, Rob McLaughlin’s chapter discusses how regulatory regimes beyond the law of armed conflict, including domestic criminal and human rights law as well as various sources of public international law, can affect the use of military technology. (See pp. 64-74) While privacy regulation, for example, is not related to any single technology, it has a scope...
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...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...
03 Aug Complementarity, Catalysts, Compliance Symposium: Introduction to the Forum
its supporters (state and non-state alike) had hoped, of growing concern about the Court’s almost exclusive focus on the African continent, and of the growing political pushback – soon to become a tide – from African states. But, still, I was excited. To me, the ICC was the pinnacle in international law’s long progress march. As a college student, its establishment had captured what Kamari Clarke might call my “sentimentalized imaginary” about what justice could and should mean. Indeed, those sentiments were what had ultimately led me to law school...
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...15 Oct Georgetown Journal of International Law Invites Proposals for Symposium on Global Anti-Corruption
For those of you working on anti-corruption papers, the following symposium might be just the place for you (Deadline November 1, 2009)....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...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...