Search: Syria Insta-Symposium
22 Nov Poor Yorick: Talmon on Trump and International Law
by the Security Council, the ICJ, and nearly every state in the world. (And indeed, in the past couple of days alone the US position has been condemned by the UN, the EU, Germany, and even BoJo’s United Kingdom.) The second example is the Trump administration’s decision to use combat troops to guard oilfields in eastern Syria. The idea that the US would seize oil belonging to Syria has rightfully been condemned as the war crime of pillage, with Gen. Barry McCaffrey almost breaking the internet by tweeting, “WHAT ARE...27 Sep Putting the Cart Before the Horse? Top Panel of International Criminal Law Experts Proposes “Extraordinary” Criminal Tribunal for Syria
...disadvantage to this approach? We would need a new Syrian government to set up and carry out this proposed statute. And to get that new Syrian government, would we have to promise some sort of immunity to the old Syrian government that committed all those horrible crimes we want to prosecute? I agree in part: I think such discussions should be informal and as much as possible under the radar if only because knowledge of same by the Syrian regime simply adds another complicating variable to eventual resolution of this...14 Nov MJIL Symposium: A Response to Spencer Zifcak by Ramesh Thakur
back in New York, there was an unbridgeable gap between effective civilian protection, which Brazil, Russia, India, China and South Africa (‘BRICS’) supported, and regime change, which they strongly opposed. One important result of the gaps was a split in the international response to the worsening crisis in Syria. Both China and Russia, still smarting from the over-interpretation of Resolution 1973, have been defiantly opposed to any resolution that could set in train a sequence of events leading to a 1973-type authorisation for outside military operations in Syria. Fourthly, the...28 Aug Non-Syria News: Update on that Philippines-China Arbitration
I’ve been distracted the last few days by all this Syria stuff (and a nasty case of poison ivy), so I neglected to keep up with the latest on that Philippines-China UNCLOS arbitration now seated at the Permanent Court of Arbitration at The Hague. Luckily, Luke Petersen of Investment Arbitration Reporter is on the case and has this great post analyzing the information released so far about the arbitration. Note that the Philippines has until March 2014 to file their memorial. This seems ridiculously long given that they’ve been preparing...06 Feb Al Jazeera Panel Discussion on Siege Warfare in Syria
Sorry for the endless self-promotion, but I thought readers might be interested in the following episode of Al Jazeera’s Inside Story, which includes a 30-minute panel on siege warfare in Syria that I participated in. It was quite a wide-ranging discussion, focusing less on international law than I expected. https://www.youtube.com/watch?v=fM8PwT9hz3c&feature=youtu.be As always, comments welcome! I hope readers don’t think I was too soft on either Assad or the UN…...02 Apr HILJ Online Symposium: Is There Really Judgment Arbitrage?
is unclear that many judges would be interested in recognizing foreign country judgments “in the abstract”—that is, when recognition is sought neither to establish a judgment’s preclusive effect in pending in-state litigation nor as a prelude to enforcement of the judgment against in-state assets of the defendant. After all, the recognition action would in that case have nothing to do with the step-two state. A defendant faced with this step of judgment arbitrage would be well advised to consider filing a motion to dismiss the recognition action on forum non...15 Nov MJIL Symposium: A Response to Darryl Robinson by Ilias Bantekas
[Ilias Bantekas is Professor of Law at Brunel University in London.] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Causality is central in the operation of criminal attribution in all legal systems. It makes sense of course that liability for particular conduct exists where it is proven that it caused the harmful outcome which constitutes the actus reus of an offence. Causation is the fundamental link between conduct and outcome and is as a result the...28 Mar Posner and Sykes Book Symposium: Response by the authors
...Charnovitz for taking the time to read the book and provide their reactions for this symposium, and Opinio Juris for hosting it. Here we provide a brief response to their comments. Hafner-Burton and Victor focus on the relationship between political science scholarship and legal scholarship, and see in an empirically grounded economic approach a way to reconcile the disparate focuses of the two disciplines, where in the past scholars in the two disciplines seemed to have trouble communicating with each other. We agree with their sentiments. Political scientists and law...
08 May New Technologies Symposium: Human Enhancement Technologies and the Law in War and Peace
[ 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...28 Jun YJIL Symposium: Introducing Permitting Pluralism
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...