Search: Symposium on the Functional Approach to the Law of Occupation
27 Jan GCIII Commentary Symposium: “Preparations Have Been Made in Advance”–GCIII and the Obligation to Respect and Ensure Respect by Preparing for Retaining POWS
be established under appropriate legal rules and regulations in national law (whether military or civilian), it must have relevant procedural guarantees and an established composition and rules of procedure (paras 1125, 1127, 1128). States must have the laws or regulations in place to be able to establish such a tribunal quickly and effectively, and this can only be done adequately by preparation in peacetime (para 1126). Article 17 of GCIII provides that “Each party to a conflict is required to furnish the persons under its jurisdiction who are liable to...10 Apr LJIL Symposium: International Criminal Law and Moral Agency
[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...05 Jul LJIL Symposium Vol 25-2: Fairness in International Environmental Law – A comment by Mickelson
[Karin Mickelson is an Associate Professor in Law at the University of British Columbia] 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. It seems a bit dull to kick off an online commentary with a resounding “I agree”, but that is precisely how I am tempted to respond to Mario Prost and Alejandra Torres Camprubi’s “Against Fairness? International Environmental Law, Disciplinary Bias and Pareto Justice.” When invited to comment, I assumed...16 Sep Book Symposium: Interdisciplinary Perspectives on International Law and International Relations, by Jeffrey Dunoff & Mark Pollack
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...27 Jun Linos Book Symposium: Comments by Roger Alford
I commend Katerina Linos’ book to our readers and echo the many positive comments that others in this book symposium have shared. Her theory of bottom-up democratic diffusion of norms addresses many of the concerns that have been voiced regarding the democracy deficit that occurs when policy elites borrow from abroad. I want to push Katerina a bit on the question of actors involved in the diffusion process. She notes that “many academics, judges and commentators emphasize how references to foreign law reflect elite predilections antithetical to the views of...
21 May Punishing Atrocities Symposium: “When We Read a Story, We Inhabit It.” Selectivity and the International Criminal Court
soldiers or the destruction of cultural property as a war crime), Hafetz stresses that: an expressive approach to selection decisions should also incorporate a dimension of distributive fairness, a path the ICC has thus far resisted. In particular, the ICC and other international criminal tribunals should seek to express the principle that no individual is above the law – both across and within situations – through their decisions to investigate and, where the evidence supports it, to prosecute. Even modest steps in this direction could contribute to an alternative narrative…...04 Jun Targeted Killings Symposium: Jens David Ohlin Responds to Craig Martin
[ Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode .] This post is part of the Targeted Killings Book Symposium. Other posts in this series can be found in the related posts below. In his comments to my chapter “Targeting Co-Belligerents,” Craig Martin asks a very pertinent question: Is the US really in an armed conflict with al-Qaeda? Or, more abstractly, can a state ever be in an armed conflict with a non-state terrorist organization? Martin is correct to assume that...
23 Jun Business and Human Rights Symposium: Climate Change Litigation Against Corporations and the Role of Civil Liability
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...
20 May Punishing Atrocities Symposium: Thoughts on the Arc of the Universe and International Justice
(that is, individuals) increasingly became international law players – the State had responsibilities to them and they had rights and responsibilities vis-a-vis the State, under international law. Since then, we’ve experienced another dimension in which the individual has increasingly figured in international law – what Prof. Cherif Bassiouni noted to be the growing criminalization of international law and internationalization of criminal law. The former refers not only to the development of international tribunals, but also to the less obvious fact that while violations of international law are not per se...04 Mar HILJ Symposium: Convergence, Reaction, and Translation: Human Rights in History
[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...