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

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...

[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...

[ 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...

[Mark A. Drumbl is the Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute at Washington and Lee University School of Law.] 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. Darryl Robinson is among the most exciting thinkers currently engaged with international criminal law (ICL). In his latest piece, the subject of today’s discussion, he surveys the field. While much of academic...

[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...

[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...

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...

[Paul Schiff Berman is Dean and Robert Kramer Research Professor at George Washington University Law School.] I want to thank all the participants in this online symposium both for their extraordinarily thoughtful comments on my book and for their many constructive interventions through the years as I have been developing these ideas. I am blessed to be part of a truly supportive academic community, and these posts exemplify all that can be good about thoughtful academic discourse built on dialogue rather than one-upsmanship. Such fruitful academic discourse should not be...

This week we are working with EJIL:Talk! to bring you a symposium on Karen Alter‘s (Northwestern) book The New Terrain of International Law: Courts, Politics, Rights (Princeton University Press). Here is the abstract: In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to...

[Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law, New York Law School, Visiting Professor, London School of Economics, and Affiliated Visiting Professor, Hebrew University of Jerusalem.] 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. Armin Bogdandy and Ingo Venzke argue that we should see the increasing activity of international courts and tribunals as the exercise of public authority, requiring justification according to the principles characteristic of...

This week, we are hosting another book symposium on Opinio Juris. This time, we feature a discussion of the new book by Jonathan Hafetz, Punishing Atrocities through a Fair Trial: International Criminal Law from Nuremberg to the Age of Global Terrorism, published by Cambridge University Press. In addition to comments from Jonathan himself, we have the honor to hear from a list of renowned scholars and practitioners: Mark Kersten, Gabor Rona, Sasha Greenawalt and Meg de Guzman. From the publisher: Over the past decades, international criminal law has evolved to become the operative...