Search: Symposium on the Functional Approach to the Law of Occupation
12 Apr VJIL Symposium: Doctor, Heal Thyself – A Commentary on Professor Sungjoon Cho’s Critique of Shaffer and Trachtman
[Claire Kelly is a Professor of Law at Brooklyn 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. Thank you very much to Opinio Juris for this opportunity to comment on this set of Articles recently published in the Virginia Journal of International Law. To address rationalism’s failings, Professor Cho prescribes a constructivist or sociological lens in his Article, “Beyond Rationality: A Sociological Construction of the...
27 Jan GCIII Commentary Symposium: “Preparations Have Been Made in Advance”–GCIII and the Obligation to Respect and Ensure Respect by Preparing for Retaining POWS
be established under appropriate legal rules and regulations in national law (whether military or civilian), it must have relevant procedural guarantees and an established composition and rules of procedure (paras 1125, 1127, 1128). States must have the laws or regulations in place to be able to establish such a tribunal quickly and effectively, and this can only be done adequately by preparation in peacetime (para 1126). Article 17 of GCIII provides that “Each party to a conflict is required to furnish the persons under its jurisdiction who are liable to...
24 Nov Symposium: Open-Source Investigations Labs, Educational Approaches and Societal Impact
[ Jessica Dorsey is an Assistant Professor of International Law at Utrecht University School of Law, a member of the core teaching team of the Utrecht University Open-Source Global Justice Investigations Lab and Managing Editor of Opinio Juris] This week, Opinio Juris has the pleasure of hosting an exciting discussion on open-source investigations labs, educational approaches and societal impact. The collection of posts running from today through Friday come from reflections from a conference hosted by Utrecht University’s Open-Source Global Justice Investigations Lab in June 2025. For background on the...02 Apr HILJ Online Symposium: Is There Really Judgment Arbitrage?
[Christopher A. Whytock is a Professor of Law and Political Science, University of California, Irvine, School of Law.] This post is part of the HILJ Online Symposium: Volumes 54(2) & 55(1). Other posts in this series can be found in the related posts below. In Ending Judgment Arbitrage, Professor Shill claims that non-U.S. plaintiffs “routinely” practice a three-step strategy called “judgment arbitrage”: (1) selection of a foreign country to litigate the merits and obtain a favorable judgment; (2) selection of a “receptive” U.S. state to obtain judicial recognition of the...15 Nov MJIL Symposium: A Response to Darryl Robinson by James Stewart
[James Stewart is an Assistant Professor at the University of British Columbia, Faculty of Law. He is currently undertaking a Global Hauser Fellowship at New York University School of Law.] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. It is a pleasure to be invited to comment on Professor Darryl Robinson’s excellent new article How Command Responsibility Got So Complicated. His meticulous research has, once again, advanced our understanding considerably. Indeed, this particular article is but...06 Feb AJIL Symposium: Comment on “The Travaux of Travaux: Is the Vienna Convention Hostile to Drafting History?”
[Richard Gardiner is a Visiting Professor at University College London, Faculty of Laws] The article which this symposium addresses is important, timely, and elegant. It is an important study because it examines one of the most common misunderstandings about the VCLT provisions on the role of preparatory work in treaty interpretation. It lays to rest the mistaken idea that an interpreter may only consider preparatory work if interpretation of a treaty provision by applying the general rule reveals ambiguity or obscurity, or leads to a result which is manifestly absurd...03 Oct Book Symposium Investment Law: The International Minimum Standard of Treatment of Aliens and Administration of Domestic Regulation under WTO and Investment Protection Law
[Dr Anastasios Gourgourinis is Lecturer in Public International Law at the National and Kapodistrian University of Athens Faculty of Law, and Research Fellow at the Academy of Athens] Let me start by extending a warm thanks to Freya Baetens for her overall care, diligence and patience as the editor of Investment Law within International Law: Integrationist Perspectives, the publication of which is very timely and indeed. I am also grateful to Opinio Juris for hosting this Book Symposium, as well as to Anne van Aaken, who I am privileged to...02 Mar YJIL Online Symposium: “The Laws of War and the ‘Lesser Evil'”
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"...
06 May New Technologies Symposium: Introduction
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...
02 Apr Symposium on Military AI and the Law of Armed Conflict: Front- and Back-End Accountability for Military AI
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...