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

[William W. Burke-White is Deputy Dean and Professor of Law at University of Pennsylvania 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. Natalie Lockwood’s article, “International Vote Buying,” recently published in the Harvard International Law Journal, makes an important contribution to a set of understudied questions around the legality and appropriateness of international vote-buying. Lockwood quickly admits that international law itself says little about the legality of such vote buying...

[Marcos Kotlik is the Academic Coordinator of the IHL Observatory at the University of Buenos Aires School of Law, and a PhD in International Law candidate at the Graduate Institute of International and Development Studies. Ezequiel Heffes is a Thematic Legal Adviser at Geneva Call. This post was written in their personal capacity and does not represent the views of any institution] Conflict-affected areas are particularly vulnerable to the spread of COVID-19. Several countries where armed conflicts are taking place have already reported cases – more will surely surface in...

This week, we are hosting a symposium on Interdisciplinary Perspectives on International Law and International Relations: The State of the Art, edited by Jeff Dunoff and Mark Pollack. Jeff and Mark will introduce the book later today, but here is the abstract: Interdisciplinary Perspectives on International Law and International Relations: The State of the Art brings together the most influential contemporary writers in the fields of international law and international relations to take stock of what we know about the making, interpretation, and enforcement of international law. The contributions to...

for this concept, while Rod Rastan offers a persuasive textual defense of the “same person/same conduct” test linked to Article 17. As he succinctly puts it, the “‘same person/same conduct’ test is not an invention that has been read into the law – it is the law itself.” Touching on broader questions that the book poses about how popular understandings – or expectations – of a principle like complementarity can obscure both history and text, Rastan is also curious about “why there seems to be so much difficulty accepting the...

[I. Glenn Cohen is an Assistant Professor of Law and the Co-Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.] 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, I would like to thank Opinio Juris for hosting this discussion on my recent Article in the Virginia Journal of International Law. Medical tourism–the travel of patients from one (the “home”)...

others who may include psychiatrists, medical doctors, religious healers, family members and the community, and includes institutional supports like legal and social support measures if needed. The approach is often to start with small things. And the small things make a big difference.  Healing is Important In my experience from the beginning of my engagement with the justice and healing of survivors through ECCC process, I have successfully tried many approaches where people can find those healing approaches through books, documentation and documentaries about judicial and non-judicial reparation projects.  One...

a preventative climate case against a corporate actor. Given the ubiquity of tort law, the international press, including the Wall Street Journal, the Financial Times, and the New York Times inquired about possible ripple effects of the Shell judgement. A case analogous to the Shell case was filed in France against the oil and gas group Total. This case is of particular interest to this blog symposium since it relies on the first mandatory human rights and environmental due diligence legislation, the French Duty of Vigilance Law, as well as...

happens when the Weberian underpinnings of law are pulled away, or when the supposed rational linkages between law and ameliorative social consequences are broken? And if law and legal institutions are revealed to be quite different mechanisms for shaping outcomes that have very little to do with the social wrongs that are meant to be their exclusive concern, what then of justice? As Clarke’s study suggests, at least in relation to the ICC, the very conception of law itself should be understood differently: that is, as the justification for the...

[Colleen M. Flood is the Canada Research Chair in Health Law and Policy at the University of Toronto Faculty of Law; Y.Y. Brandon Chen is a doctoral candidate at the University of Toronto.] 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. In this thought-provoking article, Cohen proposes a six-prong framework to assess whether medical tourism diminishes health care access in destination countries. This kind of theoretical contribution...

symposium reflects on the ECCC’s trials, tribulations, and legacy. In this post, Julie Bernath, Somaly Kum, Boravin Tann assess the ways in which victims have participated in the ECCC’s legal process.  [Somaly Kum is a research fellow at the Center for the Study of Humanitarian Law in Cambodia who, since 2010, has worked closely with survivors of the Khmer Rouge regime through outreach programs of the Stanford Center for Human Rights and International Justice (Cambodia program) and ADHOC.  Boravin Tann is a researcher and lecturer at the Center for the...

Abstract The questions asked by the organizers of this symposium on recent challenges facing public international law—whether international law is “too weak to make a difference” or whether its institutions are “invasive to the point of being undemocratic”— and the specific challenges mentioned by way of example (“terrorism, hegemony, illegitimacy”) all converge in the topic of this paper: an inquiry into the proper role of the Security Council in addressing ongoing nuclear, biological, and chemical proliferation crises. Put simply, the challenge of bringing WMD proliferation under control is complicated by...