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

[Dr Mary E. Footer is Professor of International Economic Law at the University of Notthingham, School of Law.] First of all my thanks to Freya Baetens and Opinio Juris for hosting the Book Symposium on Investment Law and for giving me the opportunity to post details of my chapter. I would also like to thank Gabrielle Marceau for her generous praise of my piece but more importantly for her instructive comments. In response I shall pick up on one of her comments concerning the issue of “cross-fertilisation” of WTO jurisprudence...

This week we’re hosting a symposium on both lead articles in the October 2013 edition of the American Journal of International Law. Today and tomorrow, Kofi Kufuor, Solomon Ebobrah and Horace Adjolohoun discuss “A New International Human Rights Court for West Africa: The ECOWAS Community Court of Justice” by Karen Alter, Larry Helfer and Jacqueline McAllister: The Court of Justice for the Economic Community of West African States has been transformed from an interstate tribunal for resolving disputes over ECOWAS economic rules into a court with far-reaching human rights jurisdiction....

its citizens, and corporations to respect human rights and the rule of law, and to promote international agreements with other nations. It’s time to rebuild the legitimacy of international law, and to reclaim international law and its institutions as the primary methods for global governance. Unilateral domestic regulation, even when purporting to apply a “universal norm” undermines those efforts. These ideas are explored in more detail in a piece written for the Maryland Journal of International Law for the University of Maryland Law School’s Annual International and Comparative Law Symposium....

[Tamara Cummings-John works for the United Nations Entity for Gender Equality and Women’s Empowerment (UN Women) and previously worked for the Offices of the Prosecutor of the ICTR and the SCSL. The views and opinions expressed here- in are those of the author and do not necessarily reflect those of the United Nations. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of...

[Rachel Brewster is an Assistant Professor of Law at Harvard Law School.] 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. I have the pleasure of commenting on Gregory Shaffer and Joel Trachtman’s innovative and important article, “Interpretation and Institutional Choice at the WTO,” recently published in the Virginia Journal of International Law. The authors present an analytical framework for assessing the interpretative choices made by treaty drafters...

...litigator, investigator, prosecution strategist, manager, and delegator with a commitment to the objectives of international justice, in-depth technical knowledge of international criminal law, international humanitarian law and human rights law and knowledge of the country contexts and crimes over which the Court exercises jurisdiction, while being an adept communicator. The current structure of the Office of the Prosecutor (OTP), with a deputy prosecutor and chiefs of investigation, prosecution and appeals – all of whom should hold the same qualities – make this possible provided there is a recognized diversity of...

war, from which many lessons could be learned in both circumstances. This book addresses my third concern, providing an analysis of how laws in peacetime and in war operate, and where their similarities, parallels and gaps are. This is a great start to approaching the law on similar topics, but in completely different contexts, in a way that has great potential to move both areas of law forward. Connecting the law in peacetime and wartime seems obvious to me, but as areas of law that have developed separately and with...

the message in Marketing Global Justice: The beginning of the parable is quite famous: Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be allowed to come in later. “It is possible,” says the gatekeeper, “but not now.” International Criminal Law is a bit like this, don’t you think? One comes to...

[William A. Schabas is a Professor of international law at Middlesex University London and Professor of international criminal law and human rights at Leiden University. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] For much of the first four decades of its history as an independent State, Sierra Leone was in a situation of great...

[Harlan Cohen is an Associate Professor of Law at the University of Georgia School of Law] What is the study of “International Law as Behavior”? At the workshop in November, Elena Baylis, Tomer Broude, Galit Sarfaty, Jean Galbraith, and Tim Meyer (whose chapters/presentations were described earlier) were joined by Kathryn Sikkink, who presented on the role of agency in constructivism, Ron Levi and Sungjoon Cho, who drew upon sociology to study the “fields” of international criminal law and international human rights practice and the social structure of the WTO, respectively,...

Although everyone is justly excited about International Law Weekend, I wanted to mention another conference in New York that took place yesterday at Brooklyn Law School, Governing Civil Society: NGO Accountability, Legitimacy and Influence. Congratulations to Professors Claire R. Kelly and Dana Brakman Reiser at BLS for putting it together. I was on one of the panels at this one day session and there were many other terrific people who represented a quite fascinating and too-rare mingling of the international law and nonprofit law worlds. As someone who cuts across...

legal framework for the protection of civilians in armed conflict can be found in international humanitarian law and international human rights law. I agree with the legal analysis outlined by Prof. Wills. Much of what she outlined was qualified, as many of the legal issues are not so clear-cut. Although it is evident that peacekeeping operations must comply with international human rights obligations, the scope and extent of the obligations is ambiguous. Nevertheless, human rights law has potentially more relevance for the protection of civilians. I am not convinced that...