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

[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...

[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...

[Michael Waterstone is the Associate Dean for Research and Academic Centers and J. Howard Ziemann Fellow and Professor of Law at Loyola Law School Los Angeles.] This post is part of the HILJ Online Symposium: Volumes 54(2) & 55(1). Other posts in this series can be found in the related posts below. I am grateful that the Harvard International Law Journal and Opinio Juris have asked me to write a response to The Democratic Life of the Union: Toward Equal Voting Participation for Europeans with Disabilities, written by Janos Fiala-Butora,...

misrepresents my analysis of jus cogens in Chapter 4. In pp. 173-178 of my book, I discuss the historical development of the notion of jus cogens norms. In pp. 178-187, I then discuss the natural law, positive law, and public order theories underpinning the interpretation of jus cogens. In pp. 187-190, I analyze the legal effects of this peremptory law from both a procedural and substantive perspective. And in pp. 190-193, I then attempt to do what Trahan does not – identify the manner in which jus cogens norms are...

[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...

[Brad Roth is Professor of Political Science & Law at Wayne State University.] This post is part of the Harvard International Law Journal Volume 53(2) symposium. Other posts in this series can be found in the related posts below. Ozan Varol’s article, “The Democratic Coup d’Etat,” performs a crucial service in reorienting assessments of extra-constitutional changes in government so as to emphasize substance over form. He refutes the commonplace idea – most recently championed by Richard Albert – that coups are inherently and inevitably undemocratic and illegitimate, “Democratic Revolutions,” forthcoming...

to deter Iran from acquiring and using nuclear weapons will be seen by the IHL community as America rejecting the most basic tenets of international law. Alternately, we can continue the wide scale intellectually dishonest approach of ignoring the unthinkable and pretending that the bad stuff isn't real and thus does not have to be accommodated by our academic theories of how things work. Benjamin Davis "any concrete step". This is a euphemism for what exactly? It smells of - "if we do not invade and overthrow the Iranian regime"...

This has been an exceptional symposium, so it’s difficult to know what to add. As many of the contributors have noted, the next Prosecutor, whoever she is, has to be a jack-of-all-trades: a skilled lawyer, so she can oversee effective investigations and prosecutions; a talented administrator, so she can herd the hundreds of cats that populate her office; and a gifted politician, so she can navigate the treacherous waters of state cooperation, the sine qua non of a successful ICC. Instead of simply reiterating those points, I thought I would...

...law to use militay force (per a U.N. S.C. authorization and per a NATO authorization) whether or not Congress approves. Pres. Bush claimed a right to use force in Panama per his interpretation of a treaty (among other claims), etc. The War Powers Resolution does not actually limit that authority (see http://ssrn.com/abstract=2061835). These points are part of the "intersection" between the Constitution and international law, especially Art. II, Sec. 1 ("the Executive power"), and Sec. 3 (the "faitful execution" of the Laws power). Regarding Libya, there was signifcant attention to...

[Mona Khalil is a Legal Advisor with Independent Diplomat (ID) and formerly a Senior Legal Officer in the UN Office of the Legal Counsel; the views expressed herein are her own and do not necessarily represent the views of either ID or the UN. This post is a part of the Protection of Civilians Symposium.] The protection of civilians (POC) mandate in UN peacekeeping was borne out of the failed UN mandates and genocidal massacres in Srebrenica and Rwanda. Since the first POC mandate was entrusted to UNAMSIL in 1999,...