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The Yale Journal of International Law is pleased to inaugurate its partnership with Opinio Juris in this first online symposium. This week’s symposium will feature three articles recently published in Vol. 33-1 of YJIL, available here. Our discussion today will focus on the controversies that have arisen over attempts by states to regulate their citizens’ wearing and display of religious symbols. In his article, Suspect Symbols: Value Pluralism as a Theory of Religious Freedom in International Law, Peter Danchin (U. Maryland) looks to cases from France, Turkey, Germany and America,...

[201]). In his contribution to this symposium, Colonel (ret.) Randall Bagwell confirms this understanding when he states, for instance, that unit and individual self-defence are “merely national self-defense exercised by different tiers of actors”. Unresolved questions and unintended consequences Nevertheless, the notion of on-the-spot self-defence by military units does not sit well with other applicable cases. In Nicaragua, the International Court of Justice excluded “mere frontier incidents” from the definition of armed attacks (para. 195). This leaves unit-level self-defence, and by implication individual-level self-defence, in limbo. While an attack that...

...should not turn a blind eye to the all-encompassing role of classism (pp. 63-64). As Nicos Poulatzas aptly noted, the idea of class has many ‘instances’, even if the economic instance remains dominant. If law, including international law, serves a specific social function, constituting the legal subjects qua formally and abstractly equal and free agents who could execute legal transactions, a proper discussion of positionality cannot address only one aspect of this ideal-typical subject. At first blush, it might seem inapposite to argue that international law constitutes international lawyers as...

...esteemed scholars and practitioners were willing to take part in this joint Opinio Juris and EJIL:Talk! symposium and offer their responses to arguments put forward in my article for the current issue of EJIL, giving me and other readers refinements and additions that will enrich the larger conversation of which this symposium is a part. The six commentators raise many issues, which I will address under three broad headings of power, history, and method. Each also brings to their paper a certain optimism or pessimism about what the future may...

Ordinarily I wouldn’t post the table of contents for a symposium in an international law review, but let me herewith make an exception: 10 Chicago Journal of International Law 1 (Summer 2009) Symposium: GREAT POWER POLITICS The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia Christopher J. Borgen 10 Chi J Intl L 1 (2009) Great Power Security Robert J. Delahunty and John Yoo 10 Chi J Intl L 35 (2009) United Nations Collective Security...

Over the coming week, along with Armed Groups and International Law, we are thrilled to co-host a symposium on Compliance in Armed Conflict: New Avenues to Generate Respect for Humanitarian Norms. Scholars and practitioners who will be weighing in include: Ezequiel Heffes and Ioana Cismas (co-organizers of the symposium), Emiliano Buis, Katharine Fortin, Hyeran Jo, Fiona Terry, Ahmed Al-Dawoody, Jonathan Zaragoza, Yolvi Padilla, Chris Rush, Mohamed Assaleh, Louise Sloan, Ibrahim Salama, Michael Wiener, Nontando Hadebe, Annyssa Bellal, Pascal Bongard, Melina Fidelis-Tzourou, Anki Sjöberg and Anne Schintgen. As this is a co-hosted...

I want to call readers’ attention to an upcoming Opinio Juris symposium that is being organized by two fantastic young critical international law scholars, Mohsen al Attar (Warwick) and Rohini Sen (O.P. Jindal). They are looking for a few more contributions, per the Call for Papers — really a Call for Posts — below. Note that they would like to hear from interested scholars by June 26. The Mode of Delivery is the Message Critical International Legal Pedagogy in a Virtual Learning Climate Critical approaches to international legal pedagogy germinated...

...post is the first in a series of blogs ] That the effectiveness of international humanitarian law (IHL) and international human rights law (IHRL) faces challenges from different quarters is not news. It is, rather, an observation that has been made by scholars and practitioners alike – to the point of tritness. Whilst we deeply acknowledge the importance of discussing the manifold challenges to humanitarian norms in times of armed conflict – not least because tailored strategies must be designed to address them – this Symposium also serves another purpose:...

[Elena Baylis is Associate Professor of Law at the University of Pittsburgh] In my role as commentator for the in-person symposium that preceded this online symposium, I took on the task of identifying common themes among the symposium papers. This essay focuses on a few of the ideas drawn from the papers as a whole. Treating international law as behavior engenders several kinds of complexity centered on a set of classic epistemological questions: what do we know and how do we know it? By using theoretical and methodological approaches drawn...

[Lori F. Damrosch is Henry L. Moses Professor of Law and International Organization and Hamilton Fish Professor of International Law and Diplomacy at Columbia Law School] My article, ‘The Impact of the Nicaragua Case on the Court and Its Role: Harmful, Helpful, or In Between?’ originated as a contribution to a symposium convened on the 25th anniversary of the delivery of the merits judgment in the case. I took as my starting point one of the statements issued by the US government while the case was pending, which had predicted...

...concrete legal challenge. In doing so, I follow and summarize the approach and main line of argument of my recent book on the topic. The claim is: If we want to convincingly argue for extraterritorial human rights obligations at the legal level, we need to base this on a justificatory normative theory. The question of extraterritorial human rights obligations has, up until today, mostly been discussed within legal scholarship, initiated in the late 1990s (see the introduction to this symposium by Durmuş). The impressive body of research developed over the...

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. The HILJ Online Symposium is a week-long discussion by scholars and practitioners on selected print articles from the Harvard International Law Journal. The Symposium takes place on the Opinio Juris website once or twice a year and features responses by scholars and practitioners selected by the Journal and sur-responses by the original authors. The schedule for HILJ Online Symposium: Volumes 54(2) & 55(1) is...