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

[ Alejandro Chehtman is Professor of Law at Universidad Torcuato Di Tella. 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 (CUP, 2018), Bill Boothby and his colleagues have written an important collection of essays exploring the regulation of new weapons systems under both the ‘laws of wars and peace’. The book concentrates on a number of pressing issues, including cyber capabilities, autonomous weapons systems, military human enhancement, non-lethal weapons (which they call...

[Priya Pillai is a lawyer and international law specialist. She has worked at the International Federation of Red Cross and Red Crescent Societies (IFRC) headquarters in Geneva, at the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) and with various civil society organizations on implementation of international law.] This is an opportune moment to examine the representation of women (in an inclusive sense) in expert bodies or institutions. The basis for this symposium is the recent report by the Human Rights Council Advisory Committee on the current levels...

[Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode.] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. Professor Darryl Robinson is to be commended for untangling what has to be one of the most tangled webs in international criminal law theory. The settled jurisprudence on command responsibility is anything but settled; it is contradictory, confusing, and full of conclusory statements and pronouncements that don’t hold water. With Professor...

on positive complementarity, there are also broader ways of engaging with the idea underlying – that is, the capacity and functions of a national legal system to prosecute international crimes. I would argue an indicator of success of the court is also in the incorporation of international law crimes within domestic law – and of course, the wherewithal to actually prosecute those accused of international crimes within the domestic context. For a successful domestic prosecution – legislation is but one of the factors that needs to be taken into account...

[Jorge Peniche is an international lawyer specializing in transitional justice and accountability, with a focus on emerging settings. He is the Associate in Mexico at G37 Centre and an Associate Professor at Universidad Iberoamericana (Mexico), where he teaches on transitional justice, organized crime and security. He holds a Master of Laws from New York University.] Preludium: “I Want Consequences…” “I want consequences,” she told me. “Against whom?” I asked. “Against those most responsible… the system that allowed this to happen,” she concluded. It was a conversation I had with the...

The Yale Journal of International Law (YJIL), one of the world’s leading journals of international and comparative law, is pleased to continue its partnership with Opinio Juris in this second online symposium. This week, we will be featuring two Articles published by YJIL in Vol. 33-2, both of which are available here . Thank you to Peggy McGuinness and the other moderators of Opinio Juris for hosting this discussion! Today, Monica Hakimi (University of Michigan Law School) will discuss her Article, International Standards for Detaining Terrorism Suspects: Moving Beyond the...

[Markus Wagner is Associate Professor of Law at the University of Wollongong. This post is part of our New Technologies and the Law in War and Peace Symposium .] The question of how law relates to technological innovation is far from new. For the most part, law has played catchup to technological developments – both in the civilian and military realm. While digital technologies are not exactly new, we are in the midst of a qualitative leap in how computational decision-making will shape our lives. Whether law merely follows technological...

[ Valeria Ruiz-Perez is a Research Associate at the Centre for Applied Human Rights (University of York) and a Visiting Fellow at LSE Law School. She is a main researcher of the Rethinking accountability from the bottom: Setting a research agenda on traditional grassroots justice mechanisms (TGJMs) project.  Piergiuseppe Parisi is a lecturer in international human rights law at the Centre for Applied Human Rights and the York Law School (University of York), as well as the Principal Investigator of the project TGJMs project.] While international human rights and humanitarian...

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...

state, and hence are victimized, their actions cause other individuals to suffer significant harm. Informers, then, become victimizers. Their hands may be bloodstained; clawed and curdled; supple but shameful. Yet, little is known about exactly why ordinary people end up informing on — at times betraying — others to state authorities. Moreover, little in the way of reflection (as opposed to reaction) has been given to what law should do about informers, afterwards, if anything.We hope to step into these parallel gaps. Through a case-study of Communist Czechoslovakia (1945-1989) that...

[Isabel Feichtner is a professor of law and economics at Goethe Universität Frankfurt] This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. Robert Howse’s and Joanna Langille’s article on the Seal Products Dispute is a truly admirable piece of normative doctrinal scholarship. The authors do not hide their preferences with respect to animal welfare and the protection of seals in particular. Their propositions as to the interpretation of WTO law...

while embedding human rights and sustainability principles into their foundational structures. Author’s notes: This post builds on research in Gustavo Prieto, ‘International Human Rights Law in the Era of Blockchain: Redefining Accountability in Decentralized Systems’ in Irene Couzigou (ed.), International Law and Technological Change: Testing the Adaptability of International Law (Edward Elgar, forthcoming 2025) The text was written during a Research Foundation – Flanders fellowship (FWO.3E0.2022.0079.01) at Ghent University. The views expressed are solely the author’s and do not represent those of the institutions mentioned. This blog is part of...