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

[ Alejandro Chehtman is Professor of Law at Universidad Torcuato Di Tella. This post is part of our New Technologies and the Law in War and Peace Symposium .] In New Technologies and the Law in War and Peace (CUP, 2018), Bill Boothby and his colleagues have written an important collection of essays exploring the regulation of new weapons systems under both the ‘laws of wars and peace’. The book concentrates on a number of pressing issues, including cyber capabilities, autonomous weapons systems, military human enhancement, non-lethal weapons (which they call...

[Marina Veličković is a Lecturer at the University of Kent, UK. In her research she explores the role of international law in (re)producing structures of violence in post-conflict settings.] Everyone has a moment of sheer panic during their PhD journey (or a few moments if your anxiety levels are that of an average academic) when they come across the thesis/article/book that has just been published and which is on their exact PhD topic. For me, one of these moments was when, in the final year of my PhD I came...

has focussed on how an assessment of the next Prosecutor’s “high moral character” must take into account past sexual (and other) misconduct. An OSJI article I was quoted in led to a woman approaching me for help with her sexual misconduct complaint, about one of the likely ICC Prosecutor applicants. Her attempt to tell her story is still unfolding, as we know how incredibly daunting it is to make such a claim against a senior member of the international criminal law field. Over the past few months, she’s written that...

causality is not required for failing to punish subordinate criminality, then what exactly is the offence for which the commander is liable? It is inconceivable that the doctrine of command responsibility emerged one evening wholly disassociated from the criminal law theory of the civil law and common law traditions, both of which require causality for the attribution of liability. This does not mean that a commander who fails to punish is absolved from all liability. We have already stated that he may incur liability for dereliction of duty under national...

[Eric Posner is Kirkland & Ellis Distinguished Service Professor of Law and Aaron Director Research Scholar at the University of Chicago. Alan Sykes is Robert A. Kindler Professor of Law at NYU Law.] In Economic Foundations of International Law, we provide a treatise-like account of international law from a rational choice perspective. The book builds upon an already considerable body of work by many different authors, and we hope that it will stimulate further research in this area. We thank Andrew Guzman, Emilie Hafner-Burton, David Victor, Rachel Brewster, and Steve...

[ 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...

Robert Howse is the Lloyd C. Nelson Professor of International Law at New York University School of Law. Joanna Langille is a 2011 graduate of New York University Law School.] This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. Our article examines the extent to which countries can use animal welfare concerns to justify placing restrictions on international trade, under the law of the World Trade Organization (WTO). We argue...

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,...

This week we are hosting another great online symposium, this time on the 20th anniversary of Ruti Teitel’s seminal book, Transitional Justice, (OUP, 2000). The book’s abstract: At the century’s end, societies all over the world are moving from authoritarian rule to democracy. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones by bygones? Transitional Justice takes the debate to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Teitel explores the recurring question of how regimes...

[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...

This week, we are hosting a symposium on Defining the International Rule of Law: Defying Gravity?, (free access for six months) the latest article from Robert McCorquodale, the Director of the British Institute of International and Comparative Law, Professor of International Law and Human Rights, University of Nottingham, and Barrister, Brick Court Chambers, London. The article was recently published in the International and Comparative Law Quarterly. The article’s abstract: This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives...

[Marten Zwanenburg is legal counsel at the Ministry of Foreign Affairs of the Netherlands. The views expressed herein are his own and do not necessarily reflect the views of the ministry of Foreign Affairs of the Netherlands.This post is a part of the Protection of Civilians Symposium.] In this post, I will focus on Mona’s chapter in “Protection of Civilians”, in which she addresses the issue of the use of force by UN peacekeeping operations for the protection of civilians. Mona’s main point is that the mandate to use force...