Search: Symposium on the Functional Approach to the Law of Occupation
07 May New Technologies Symposium: Five Potential Drivers of the Relationship between LOAC and Technology Over the Next Twenty Years
perhaps certain other) operations would be required. Finally, we must consider the consequences of the increasing role that soft law plays as an interpretive tool and an agenda setting mechanism in terms of the relationship between technologies and LOAC – for example (if you accept that such manuals constitute soft law), the San Remo Manual on international law and naval operations, the Tallinn Manual on international law and cyber operations, and the Woomera Manual project on international law and military operations in, from, and through space. States often play a...08 Mar YJIL Online Symposium
We are pleased to introduce to you today an online symposium discussing Hastings Law Professor Chimène Keitner‘s article, Rights Beyond Borders, published in the Yale Journal of International Law. Her interlocutors will be Marko Milanovic of the University of Nottingham and Pierre-Hugues Verdier of Virginia Law School....
06 May New Technologies Symposium: How Can Lawyers Ensure Compliance with Existing Law (During Peacetime and During War) in the New Era of Cyber-Physical Systems?
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...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...15 Nov MJIL Symposium: How Command Responsiblity Got So Complicated
[Darryl Robinson is an Assistant Professor at Queen’s University, Faculty 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. Much has been written about command responsibility. In my article, I argue that views on the nature of command responsibility have become unnecessarily obscure and convoluted, and that the problem flows from an early misstep in the jurisprudence. If we revisit the first misstep, a simple and elegant solution is available. Famously, early Tribunal jurisprudence concluded...
07 May New Technologies Symposium: Contested and Fragile–The Dual-Use Space Environment
effectively addressed with international consensus. It is noted that there are several projects being undertaken at an international level to bring some clarity and certainty to the laws affecting the use of outer space. One of these projects, the Woomera Manual on the International Law of Military Space Operations, brings together experts from across the globe to identify and articulate the existing international law, including space law and law of armed conflict, that currently applies to the space environment, drawing upon real life practices and examples. In addition to being...
13 Apr ICC Prosecutor Symposium: The Appointment of the Next ICC Prosecutor Is Not a Forum for Career Transition
...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...11 Apr VJIL Symposium: Rachel Brewster Comments on “Interpretation and Institutional Choice at the WTO”
[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...
14 Nov Symposium on Erin Pobjie’s Prohibited Force: Use of Force as Family Resemblances – A Cautionary Take
of unlawful uses of force). The move from “concept” to “type” proceeds inductively. In chapters 4-6, Pobjie carefully identifies the set of elements or considerations that constitute a prohibited use of force under article 2(4) of the UN Charter and under customary international law. Nevertheless, she observes, in examining different accepted instances of prohibited use of force she identifies “anomalous” cases that don’t necessarily tick every element identified in the previous analysis. For instance, when examining instances of aggression in General Assembly Resolution 3314 -such as military occupation (Art. 3(a)),...21 Sep Book Discussion: A Principled Approach to State Failure by Chiara Giorgetti
We are very pleased to host from today through Friday an online symposium considering Chiara Giorgetti‘s book A Principled Approach to State Failure: International Community Actions in Emergency Situations (Brill 2010). Dr. Giorgetti, an attorney at White and Case and an adjunct professor at Georgetown Law Center, will be with us for the rest of the week, discussing various of themes from her book. Moreover, we will also be joined by Gian Luca Burci, the Legal Counsel of the World Health Organization; Greg Fox of Wayne State University Law School;...