Search: Symposium on the Functional Approach to the Law of Occupation
11 Mar Dealing with Iran: A Primer on the President’s Options for a Nuclear Agreement
that the VCLT can authorize the US to enter into treaties that violate US constitutional law, but only for purposes of international law. That is to say, if the Executive complies with the rules of the VCLT, then it has bound the US under international law, regardless of whether US constitutional law has been followed. So if an agreement did not require ratification, then the US would be bound – at least under international law – from the moment of the Executive’s consent. In fact this is basically the same...05 Jan The Interaction of Hard and Soft Law in International Governance
The complex and often antagonistic interaction of hard and soft law was clearly one of the most interesting points in the book for several of the commentators, as indeed it was for us. Our core argument here is that hard and soft law can serve not just as complements but also as “antagonists,” both in a conflict-of-laws sense and in a strategic sense whereby states (or non-state actors) deliberately use new legal provisions (typically soft law) in an attempt to undermine existing (mostly hard-law) provisions. This is an argument that...
16 Oct On International Institutional Law, its Pedagogy and the Turn to Alternative Approaches
of IOs in discussing issues of IOs’ law and encourages stronger attention less-explored technical organizations which make interesting cases for critically exploring IOs’ law. Klabbers’ words were taken by some speakers as, somehow, casting doubt on the continued relevance of the formalist approach to IOs which was the backbone of previous presentations and discussions. The question was posed: do functionalist and non-functionalist approaches to IOs exclude each other? Similar confrontations can be seen in the literature. The European Journal of International Law (Volume 30, Issue 1) recently published a piece...17 May Symposium: Lies, Damned Lies, and the International Rule of Law
or in accordance with some form of constitution. But this structural difference also points to the problem with McCorquodale’s approach to defining the international rule of law. He generously cites my own work in this area, which he correctly identifies as seeking to offer a functionalist approach to what the rule of law might do at the international level — viz. “the application of rule of law principles to relations between states and other subjects of international law”. Such a minimalist definition of the rule of law, he notes in...
20 Dec Symposium on Classism and the International Legal Profession: The Marginality of Post-Proletarian Societies in the Processes of Reconstruction of (Their) International Law
[Artur Simonyan is a PhD candidate at the University of Tartu, School of Law.] Introduction Laws that derive from Human Institution are different in different places. Visioned critically, international law likewise shares the same ontology. Both assertions sound equally logical and normatively valid within the dictum ‘all law is law in particular locations’. Nevertheless, supposing that laws’ differences ultimately relate to the human institution, it is syllogistic that jurists –interpreters of that ‘institution’ who, via the production of teachings, enrich sources of international law– are masterminds in the establishment of...31 Dec The NDAA: The Good, the Bad, and the Laws of War–Part II
war detention” to mean “detention authorized by the Congress under the AUMF, as informed by the laws of war.” Id. sec. 9(a). Even under Judge Kavanaugh’s analysis, these statutory references to “law of war” detention should be sufficient to clarify Congress’s intent that the AUMF authority be construed with reference to that body of international law. See 619 F.3d at 25 (deeming it “critically important” that the AUMF makes no reference to international law, in contrast to “many statutes—including war-related statutes—that expressly refer to international law”); id. at 18 n.5...
17 Apr Symposium on International Conflict and Security Law: A Research Handbook – International Peace through International Law
between facts and norms in international law as a means to rethink the idea of an international rule of law. Accordingly, understanding the prospects offered by the innocent use of international law requires appreciating the SC’s conception of the rule of law, which in turn informs its conception of collective security. I would only add that the concept of “international rule of law” is problematic, as far as we can have various understandings of it. I addressed the multiplicity, and the confusion, of what is international rule of law, in...28 Aug The Death of a Customary Rule of International Law
Like Duncan, I had my first week of public international law. In a brief introductory discussion on customary international law one of the students asked, “How does a practice that has achieved the status of customary international law cease to become customary international law?” It is an interesting question. We spend plenty of time in international law classes discussing the formation of customary international law, but rarely do we examine the death of a custom. Obviously there are a number of possible answers. A custom may be superseded by a...10 Sep The Australian Research Council’s Puzzling Ranking of International Law Journals
Law Journal Vanderbilt Journal of Transnational Law B Journals American University International Law Review Berkeley Journal of International Law Boston University International Law Journal Case Western Reserve Journal of International Law Chicago Journal of International Law Chinese Journal of International Law Cornell International Law Journal Denver Journal of International Law and Policy Fordham International Law Journal George Washington International Law Review Melbourne Journal of International Law Duke Journal of Comparative and International Law Emory International Law Review Texas International Law Journal UCLA Journal of International Law and Foreign Affairs University...
08 Nov Can National Laws on Space Resources Serve as Evidence of Customary International Law?
national laws are not per se sources of international law, their collective ability to indicate, or even prompt, the existence of an international law rule should not be disregarded. Could, for example, a sufficient number of coherent national legislations point towards the presence of a customary international law rule? As is well known, a customary international law rule relies on two requirements: there must be a general state practice, and the States must accept these practices as law (opinio juris). Could the existence of national laws on space resources satisfy...