Search: Syria Insta-Symposium

[Leila Nadya Sadat is the James Carr Professor of International Criminal Law and the Director of the Whitney R. Harris World Law Institute at the Washington University School of Law. sadat@wustl.edu. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] Head of State immunity: Chapter 8 sets out the legal...

...prosecutors, judges, defence lawyers, witnesses, victims’ legal representatives, civil society members, and representatives of the state and foreign states. Sander points out that there are often more people interested and involved in the construction of the particular narrative about the past than participated in the actual conflict. This book is important for a number of reasons, some of which will no doubt be explored in other posts in this symposium. This work is a valuable contribution to the expressivist literature on international criminal law because if the trials and judgements...

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...

[Rob McLaughlin is a Professor of Military Security Law and Director of the Australian Centre for the Study of Armed Conflict and Society at UNSW Canberra.This post is part of our New Technologies and the Law in War and Peace Symposium .] As Bill Boothby has observed in New Technologies and the Law in War and Peace, ‘It is…difficult to determine what the future seems likely to look like in terms of further technological evolution and in terms of changes in regulations and other legal and policy provision to address...

...access (a positive list approach more geared towards letting parties avoid making new commitments in unliberalized sectors). Whether the same outcome would have been achieved in a perfected Coasean framework, we cannot tell; what is certain, however, that it is a compromise between negotiators who were playing the behavioral choice architecture game. *On another note, it is a real pleasure contributing to this online symposium, soon after OJ’s 10th anniversary, not least because I played a small role in what was one of the first OJ online symposia, in 2006....

...which the trusteeship concept is reflected in state and judicial practice, to understand the deviating judgments (like the Pulp Mills judgment rightly referred to by Klabbers), to contextualize the argument historically and theoretically, and to explore (and suggest responses to) its possible negative aspects. But in order to do all that, a conceptual framing was necessary, which is what the article sought to provide. I thank the editors for hosting the symposium and the commentators for their enlightening remarks and criticisms, and I look forward to many more fruitful exchanges....

[Beth Van Schaack is the Leah Kaplan Visiting Professor in Human Rights at the Law School and a Visiting Scholar at the Center for International Security & Cooperation at Stanford University. Please don’t miss Patryk I. Labuda’s symposium post at Justice in Conflict.] The relationship between the United States and the ICC has been characterized by change more than continuity. Over the years, and across U.S. presidential administrations, these interactions have vacillated between a wary arms-length posture to constructive support and cooperation to overt hostility (see the ABA’s timeline here)....

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....

[Tim Meyer is an Assistant Professor of Law at the University of Georgia 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. Monica Hakimi’s Unfriendly Unilateralism is a very welcome addition to the growing body of literature on international lawmaking. Hakimi’s basic claim is that states often act unilaterally in ways that prompt changes to international law. She defines unilateral action as that which takes place outside the confines of...

[ Professor Melissa de Zwart is Dean of the Adelaide Law School, University of Adelaide and an Editor of the Woomera Manual on the International Law of Military Space Operations . This post is part of our New Technologies and the Law in War and Peace Symposium.] Space is a fragile and challenging environment. It is, by its very nature, hostile to human survival and yet it has summoned the dreams and ambitions of humanity since the dawn of time. The desire to explore and potentially to inhabit space has...

In response to the online symposium on LGBT asylum and refugee law held two weeks ago by the NYU Journal of International Law & Politics and Opinio Juris, the Journal received several additional pieces of commentary. The contributions below specifically tie to Professor Ryan Goodman’s article, Asylum and the Concealment of Sexual Orientation, which also appears in issue 44:2: “To counteract some of these concerns, [Hathaway & Pobjoy] place great faith in international human rights and anti-discrimination law pertaining to LGBT rights to constrain decision-makers’ reliance on their own subjectimve...

...32 of the VCLT guide interpreters to discovering the common intention of treaty parties. Thus, ordinary meaning, context, preparatory work, and other means of interpretation help interpreters understand the legally correct meaning of a treaty. A detailed analysis of the preparatory work of the Vienna Convention is an appropriate method for a scholarly analysis of the legally correct meaning of Articles 31 and 32 of the VCLT. As I will explain in my two posts for this Symposium, I think all three of Julian’s assumptions are either fundamentally flawed or...