Search: Syria Insta-Symposium
23 Dec Symposium on Classism and the International Legal Profession: Three Tactics against Classism in the Epistemic Community of International Law
...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...
24 Jan International Law’s Invisible Frames Symposium: A Call for Critical Self-Reflection
Introduction to the Symposium on Andrea Bianchi and Moshe Hirsch (eds), International Law’s Invisible Frames: Social Cognition and Knowledge Production in International Legal Processes (OUP 2021) [Alexandra Hofer is an assistant professor in public international law at Utrecht University and affiliated researcher at the Ghent Rolin-Jaequemyns International Law Institute (GRILI)] In their thought-triggering project, Andrea Bianchi and Moshe Hirsch bring together sixteen chapters that, each in their own way, aspire to reveal international law’s invisible frames. The editors define frames as “mental patterns, such as patterns of attention, language, metaphors,...31 Mar HILJ Online Symposium: Volumes 54(2) & 55(1)
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...
13 Feb Symposium on Rewriting Histories of the Use of Force: Introduction
...all, can we expect a legal system to respond to contemporary challenges if it is based on a partial account of reality? Psychologists will tell us that narratives are necessary cognitive tools for humans to cope with the complexity of navigating everyday life; there is simply too much information for us to process. But what is it our narratives are filtering out, are they safeguarding us from complexity or inconvenient realities? I have raised a variety of questions here, and the contributions to this symposium raise many more – all...14 Jan Boundaries of the Battlefield Symposium Insight
[Peter Margulies is a Professor of Law at the Roger Williams University School of Law focusing on the balance of liberty, equality and security in counter-terrorism, and author of Law’s Detour: Justice Displaced in the Bush Administration (NYU Press 2010).] The days of Donald Rumsfeld chiding “Old Europe” are gone, but targeted killing has renewed debate on counter-terrorism strategies between the US and Europe. Boundaries of the Battlefield, a symposium sponsored last week by The Hague’s Asser Institute and coordinated by Asser researcher and Opinio Juris contributor Jessica Dorsey, offered...
30 Apr Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Why We Need a Firm Justificatory Basis for Extraterritorial Human Rights Obligations and How We Could Get There
...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...20 Mar LJIL Symposium: Response of Lori F. Damrosch to Comments by John Dugard
[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...
03 May Soldier Self-Defense Symposium: Personal Self-Defense in International Law–A Norm in Search of its Normative Foundations?
[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...15 Sep Guest post: A Response to Kevin Heller on the Nature of Self-Defense
for anticipatory self-defence? Might not a better analogy be with the law of neutrality? If the law of neutrality is a good analogy, then at least to the extent that the US Field Manual 27-10 accurately reflects the law, if Syria fails for any reason to prevent ISIS using its territory to support ISIS operations in Iraq, Iraq (and its allies) are justified in conducting attacks in Syria. Notably, paragraph 520 of FM 27-10 does not mention any preconditions, such as Iraq calling on Syria first or requesting Syrian consent....22 Sep ISIS versus Khorasan
...the terrorism threat that has emerged from the chaos of Syria’s civil war, and that the more immediate threats still come from traditional terror groups like Khorasan and the Nusra Front, which is Al Qaeda’s designated affiliate in Syria. Mr. Fadhli, 33, has been tracked by American intelligence agencies for at least a decade. According to the State Department, before Mr. Fadhli arrived in Syria, he had been living in Iran as part of a small group of Qaeda operatives who had fled to the country from Afghanistan after the...