Search: Symposium on the Functional Approach to the Law of Occupation
26 Aug Rohingya Symposium: From Rhetoric to Justice–Ensuring a Gender Perspective in Accountability Proceedings for the Rohingya Genocide
...a range of reasons from their limited and flawed mandate, to questions about their independence, impartiality and methodology, and its findings. However, in looking for openings to address the seemingly intractable situation in Myanmar, most states have chosen an approach of selective acceptance and “constructive” engagement with regards to the ICOE, even as they have yet to see the full report. For example, a statement released by the Myanmar-based EU ambassadors and heads of mission in January 2020 equivocated both the ICJ proceedings and the ICOE’s conclusions as “important first...12 Jun Boumediene “Insta-Symposium”
The Supreme Court has just rendered its decision in Boumediene v. Bush, announcing that the DTA procedures are not an adequate and effective substitute for habeas corpus and that the MCA operates as an unconstitutional suspension of the writ. Opinio Juris is very pleased to announce an “insta-symposium” to discuss the decision. We have an amazing line-up of guests, including Geoff Corn (South Texas), Eric Freedman (Hofstra), Paul Halliday (Virginia), Chimène Keitner (Hastings), Andrew Kent (Fordham), Jenny Martinez (Stanford), Julian Davis Mortenson (Fordham), Michael Newton (Vanderbilt), Deborah Pearlstein (Princeton), Patrick...
14 Dec Symposium: Walking the Fine Line between Apology and Utopia: A Reply to Trahan, Helal, and Schabas on A Duty to Prevent Genocide–Due Diligence Obligations among the P5
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...
08 Dec COVID-19 and Africa Symposium: Lockdowns, Separation of Powers and the Right to Social Security in Malawi (Part 2)
in the locked population… [because] if a lockdown as a measure is to be imposed, the executive must follow constitutional and lawful precepts”. Opportunity missed: engagement with international human rights law standards The Court’s judgment makes only fleeting reference to international law in its reasoning and order and does not explain how, if at all, Malawi’s international law obligations in terms of ESCR bore on its decision. Malawi has binding obligations to realize ESCR, including the right to social security, in terms of a range of international treaties including the...20 Jun Berman Book Symposium: Multiscalar Legal Pluralism and Justice
[Hari M. Osofsky is Associate Professor and 2011 Lampert Fesler Research Fellow, University of Minnesota Law School and Associate Director of Law, Geography & Environment, Consortium on Law and Values in Health, Environment & the Life Sciences] This post is part of our symposium on Dean Schiff Berman’s book Global Legal Pluralism. Other posts can be found in Related Posts below. It is an honor and a pleasure to have the opportunity to participate in this conversation about Paul Berman’s exciting new book, “Global Legal Pluralism: A Jurisprudence of Law...10 Oct LJIL Symposium Vol 25-3: Good Deeds of International Defendants: A Comment by Margaret deGuzman
[ Meg deGuzman is Associate Professor of Law, Temple University] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. Thanks to the Leiden Journal of International Law and to Opinio Juris for inviting me to contribute to this discussion of Jean Galbraith’s excellent article. Jean has identified an important issue about which the current literature on international sentencing is largely silent. In her characteristically clear and insightful prose, Jean demonstrates that the...10 Oct LJIL Symposium Vol 25-3: Good Deeds of International Defendants: Grace, Goodness, Greed: Saving While Killing
[ Mark A. Drumbl is Class of 1975 Alumni Professor of Law & Director of the Transnational Law Institute, Washington and Lee University School of Law] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. International criminal law reclines upon simple binaries: good/evil – for instance – as well as authority/helplessness and perpetrator/victim. Victims, however, can victimize. And, correlatively, perpetrators can both kill and save at the same time. Perpetrators may do...12 Apr VJIL Symposium: Introducing Sungjoon Cho’s “Beyond Rationality: A Sociological Construction of the World Trade Organization” – A Critique of “Interpretation and Institutional Choice at the WTO” by Professors Shaffer and Trachtman
[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. Thank you to Opinio Juris and the Virginia Journal of International Law (VJIL) for putting together this discussion on my recent VJIL Article – “Beyond Rationality: A Sociological...
16 Sep Organizing Rebellion Symposium: Sex and Crime*
The latest contribution in our Organizing Rebellion symposium together with Armed Groups and International Law is up now at AGIL, entitled “Sex and Crime*” by Marco Sassòli. Have a look here!...
25 May Symposium on Kamari Clarke’s Affective Justice
This week, we are very happy to host a discussion on Kamari Clarke’s latest publication, Affective Justice: The International Criminal Court and the Pan-Africanist Pushback. Kamari will start us off with an introductory post, and then we have the honor to hear from the following renowned scholars during the rest of the week: Sarah Nouwen, Katharine Lemons, Dire Tladi, Edwin Bikundo, Bronwyn Leebaw, Nayanika Mookherjee, Olaf Zenker, Richard Ashby Wilson, Christopher Gevers, Mark Goodale and Sara Kendall. Kamari then wraps up the symposium by responding to the contributions. From the...