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

[Julian Davis Mortenson is Assistant Professor of Law at Michigan Law.] I am most grateful for the thoughtful comments offered by Bart, Richard, and Ulf. Their observations are well-informed, generous, and extremely useful in advancing the conversation about treaty interpretation. So first and foremost, sincerest thanks to each of them. In my response, I hope (1) to clarify the question that seems principally at issue in the discussion so far, and (2) to suggest how the historical evidence helps answer that question. As Ulf rightly points out, the article’s aim...

[James G. Stewart is an Assistant Professor at the University of British Columbia. He is also presently a Global Hauser Fellow at New York University School of Law.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. In September 2000, I began work for appellate judges at the International Criminal Tribunals for Rwanda (ICTR) and the former Yugoslavia. Soon after arriving, I quickly came upon a decision the...

due to state violence, or the person went missing due to other reasons); second, the area of international law that applies in each case (namely, international humanitarian law and/or international human rights law); and, third, in case a disappearance took place during an armed conflict, whether this is international or non-international. Such obligations are found in the 1949 Geneva Conventions, the 1977 Additional Protocol, the 2006 International Convention on the Protection of all Persons from Enforced Disappearances and have also been derived from interpretations of the International Covenant on Civil...

In case anyone is interested in the latest efforts to combat the financing of terrorism, I wanted to let you know that I will be moderating a panel tomorrow on this topic. The symposium (sponsored by the New York International Law Review, the International Law and Practice Section of the New York State Bar Association and St. John’s University Law School) will be at St. John’s Manhattan Campus, 101 Murray Street. Two hours of CLE credits are available with a CLE registration fee of $50. For additional info, contact Nancy...

[Mark A. Drumbl is the Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute at Washington and Lee University School of Law.] This post is part of our symposium on the latest issue of the Leiden Journal of International Law. Other posts in this series can be found in the related posts below. Darryl Robinson is among the most exciting thinkers currently engaged with international criminal law (ICL). In his latest piece, the subject of today’s discussion, he surveys the field. While much of academic...

[Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode.] 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. Andrew Woods has done an admirable job tackling a truly foundational issue: the normative basis for punishment in international criminal law. This issue has engaged my thinking as well, and Woods is to be congratulated for moving the ball forward and asking the...

being made before the International Court of Justice on the forced starvation and food supply deprivations suffered by Rohingya in Myanmar. Undoubtedly the momentum generated from UNSC 2417 aided the path to the successful Swiss-led Rome Statute amendment to include the war crime of starvation in a non-international armed conflict. The amendment enhances the protection of civilians during conflicts, aligns the Rome Statute with the position in international humanitarian and customary international law, and pushes the accountability envelope, encouraging states to mirror these legal provisions in their domestic laws. Similar...

[Christopher N.J. Roberts is Associate Professor of Law at the University of Minnesota Law School.] This post is part of the Harvard International Law Journal Volume 54(1) symposium. Other posts from this series can be found in the related posts below. Convergence The most important studies stimulate a host of unlikely conversations. In this regard, “Getting to Rights,” a path-breaking article that examines the effect of international rights texts on domestic constitutions and practices does not fall short. Its contribution to the literature on rights convergence is already part of...

[Darryl Robinson is an Associate Professor at Queen’s University Faculty of Law (Canada), specializing in international criminal justice.] I am deeply grateful to each of the scholars who have contributed to this symposium. Together they have produced a wonderful collection of insightful reactions. I also thank Opinio Juris, and in particular Kevin Heller and Jessica Dorsey, for hosting this exchange. Justice in Extreme Cases is about the criminal law theory of international criminal law (ICL). The project grows out of my PhD studies at Leiden University, and was given helpful...

[Sungjoon Cho is currently a Visiting Professor of Law at Northwestern University School of Law. He is also Professor of Law and Norman and Edna Freehling Scholar, Chicago-Kent College of Law.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. First of all, I would like to thank Profs. Shaffer, Trachtman and Kelly for their valuable comments my Article, “Beyond Rationality: A Sociological Construction of the World Trade...

sociology of the field of international law and the beginning of a new field of comparative international law. In an era in which Western dominance over international law no longer looks certain, this book provides the tools for a more nuanced understanding of international law’s politics, revealing the deeper meanings and stakes of current debates. To discuss the book’s findings and main claims, EJIL:Talk! and Opinio Juris have assembled a distinguished group of international lawyers from all over the world. The discussants on EJIL:Talk! will be Professors Hélène Ruiz Fabri...

[Eric Posner is Kirkland & Ellis Professor of Law and Aaron Director Research Scholar at the University of Chicago] This post is part of the Leiden Journal of International Law Vol 25-2 symposium. Other posts in this series can be found in the related posts below. Mario Prost and Alejandra Torres Camprubi’s article begins promisingly, with its criticism of IEL scholars’ “tacit disciplinary mindsets” which see international environmental law against all evidence as a “heroic and transformative project.” But while one would have expected the authors then to launch a...