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

[Daniel Halberstam, Eric Stein Collegiate Professor of Law and Director, European Legal Studies Program, University of Michigan Law School. External Professor, College of Europe, Bruges] 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. Nico Krisch’s justly award-winning book thoughtfully elaborates on an approach to global governance that he sometimes calls “radical pluralism.” His basic point is that politics, not law governs the relationship among the different legal systems and regimes. Beyond...

symposium reflects on the ECCC’s trials, tribulations, and legacy. In this post, Melanie O’Brien analyses the ECCC’s approach to prosecuting forced marriage, and rape in forced marriage, during the Khmer Rouge period.  [ Melanie O’Brien is Associate Professor of International Law at the University of Western Australia and President of the International Association of Genocide Scholars .] Forced Marriage under the Khmer Rouge One of the main policies of the 1975–1979 communist Khmer Rouge regime was to increase the population of Cambodia (then known as Democratic Kampuchea). As part of...

[Larry Helfer is the Harry R. Chadwick, Sr. Professor of Law Professor of Law at Duke University School of Law] I am delighted to participate in this Opinio Juris book symposium on Jeff Dunoff and Mark Pollack’s excellent edited volume. My chapter on “Flexibility in International Agreements” was improved by their many helpful comments and suggestions. This brief post summarizes a few of the chapter’s major themes. Citations to all references can be found in the online and print versions of the chapter. Government officials, international lawyers, and diplomats have...

[Richard Meyer is Director, LLM Program, at the Mississippi College School of Law.] 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 chapter in Targeted Killings, Col. Mark “Max” Maxwell sets out to solve the gaps left by the ICRC guidance concerning continuous combat function. His proposal attempts to analogize the terrorist organization to the traditional state and, as a result, find that members of their military arm be treated just like those of...

constitutional law, journalists are much less naive: They often will try and get the views of experts with conflicting opinions, and they know that, at some level, political or social or philosophical views can matter to how one thinks the law should be interpreted and applied. In the case of trade law, they are often just looking for the conventional wisdom. When the WTO Secretariat trains officials on the meaning of WTO law, this assistance is far from “technical.” Despite the disclaimers, it transmits one particular outlook on the law....

Tom Ginsburg is Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar and Professor of Political Science at the University of Chicago. Zachary Elkins is Associate Professor in the Department of Government at the University of Texas at Austin. 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. In recent years there has been an active debate in the social sciences about the distinct “cultures” of qualitative and quantitative inquiry....

[Nico Krisch, Professor of International Law, Hertie School of Governance; currently Visiting Professor of Law, Harvard Law School.] 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. Tom de Boer’s review of my recent book, Beyond Constitutionalism: The Pluralist Structure of Postnational Law, presents not only a careful analysis, but also a direct challenge to its normative thrust. This gives me an opportunity to defend and clarify my views, and I am...

(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...

[ 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...

This week we will host a mini-symposium on James G. Stewart’s latest article, The Turn to Corporate Criminal Liability for International Crimes: Transcending the Alien Tort Statute. James has been an Assistant Professor at the Faculty of Law at Allard Hall, University of British Columbia, where he as been since 2009. Previously he was an Associate-in-Law at Columbia Law School in New York. He has also been an Appeals Counsel with the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia and has also worked for...

[Andreas Føllesdal is Professor at Norwegian Centre for Human Rights, University of Oslo] 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. The expansive growth and influence of international courts, tribunals, and quasi-judicial bodies (ICTs) fuels well deserved interest across disciplines far beyond public international law, including political science and political philosophy. How are we to describe, explain, and assess this partial abdication of sovereignty by the main...

Evan Criddle Evan Fox-Decent We would like to begin by thanking Opinio Juris and the Yale Journal of International L aw for hosting this symposium, and Alexander Orakhelashvili for generously agreeing to act as our interlocutor. In international law, the term “jus cogens” refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. In our article, we argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in...