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

[ Rain Liivoja is an Associate Professor in the TC Beirne School of Law, University of Queensland. He is currently a Visiting Scholar with the Oxford Institute for Ethics, Law and Armed Conflict at the Blavatnik School of Government, University of Oxford. This post is part of our  New Technologies and the Law in War and Peace Symposium ] The interest of armed forces in emerging technologies sustains a lively normative debate. One might say that, at least in the law of armed conflict scholarship, technology is the flavour of the...

a multifaceted engagement with law to push for change and as an analytical tool to understand law as part of social and political practices. The discussions challenged my ideas on how the rule of law is implicated in legal mobilization, especially when it comes to protest as a legal mobilization tactic. Rule of law considerations come to the fore in policing protest, in freedom of speech guarantees, and in issues of civil and uncivil disobedience. Rule of law as an ideal to fight for, to take to the streets, is...

This week, we are excited to host a symposium on Chiara Redaelli’s Intervention in Civil Wars: Effectiveness, Legitimacy and Human Rights. Scholars and practitioners who will be contributing include: John Hursh, Brad Roth, Luca Ferro, Erin Pobjie, Laura Iñigo and our own Alonso Gurmendi and will close with a rejoinder from Chiara herself From the publisher: This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations,...

Peter Spiro and Dan Bodansky at the University of Georgia Law School are hosting a symposium this weekend to discuss and critique Jack Goldsmith and Eric Posner’s informative and provocative book, The Limits of International Law. I discussed the book’s central thesis — that international law is merely a reflection of states acting rationally to pursue their interests in relation with other states — in an earlier post. In addition to Goldsmith and Posner, papers are being presented by Philippe Sands (London), David Golove (NYU), Kal Raustiala (UCLA), Andrew Guzman...

[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...

...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...

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"...

be a general acceptance that international law should not be seen as a series of isolated regimes but as a collective body of regulation.  Valid criticism can be offered where claims as to convergence in the law are concerned.  It would be more accurate to recognise that there are, inevitably, differences in the way in which particular fields of law address their subject matter.  The law regulating civil aviation, the law of armed conflict, the law addressing activities in outer space, human rights law, data protection law and environmental law...

for an internationally wrongful act. In response, some have proposed stretching the law of superior/command responsibility to criminalize negligence by commanders, procurers, and others involved in the design and deployment of AI-enabled weapon systems, but this is a misguided and insufficient response. (Misguided because it threatens to further delegitimize international criminal law, insufficient because it would still not address all unintended civilian harms.) When civilians suffer the horrific consequences of armed conflict, they deserve redress. But neither international criminal law nor state responsibility provides any form of remedy when civilian...

it is not a criminal judgement, form the basis of a request for cooperation based on the MLA Convention, should assets be in a State Party. States’ Dubious Approach to International Law-making The Convention uses language such as “subject to its domestic law”, “as appropriate” and “to the extent provided for in its domestic law” throughout. State representatives included such language ad nauseam through the negotiations, citing to their internal domestic systems not supporting the rights and obligations provided for in the MLA Convention. More worrying, representatives sought numerous times...

Lawyers must rely on statements contained in all manner of official documents and on simple observation of states’ behavior. This looseness leads international institutions such as the United Nations to deliver conflicting interpretations of the law’s most basic principles. The authors describe the conditions under which international law succeeds or fails, across a wide range of issues, including war crimes, human rights, international criminal law, principles of state responsibility, law of the sea, international trade regulation, and international investment law. Andrew Guzman (Berkeley), Rachel Brewster (Duke), Steve Charnovitz (GW Law),...

[Gregory Shaffer is the Melvin C. Steen Professor of Law at the University of Minnesota Law School. Joel P. Trachtman is the Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University.] 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, we would like to thank the Virginia Journal of International Law for inviting us to participate in this online discussion and...