Search: Syria Insta-Symposium

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...

...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...

[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...

[Gregory Shaffer is the Melvin C. Steen Professor of Law at the University of Minnesota Law School. Joel P. Trachtman is the Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University.] 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. We were delighted to learn that Profs. Brewster, Howse, and Pauwelyn had agreed to comment on our article, Interpretation and Institutional Choice...

[Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva, Switzerland.] 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. Thank you to Opinio Juris and the Virginia Journal of International Law for inviting me to participate. This Article, by Greg Shaffer and Joel Trachtman, makes the important point that choices in treaty drafting and judicial interpretation allocate authority. For...

[ William Schabas is a Professor of international law at Middlesex University London and Professor of international criminal law and human rights at Leiden University. Have a look at Justice in Conflict for a symposium post from Douglas Guilfoyle.] Article 42(3) of the Rome Statute specifies that the Prosecutor of the International Criminal Court shall ‘be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases’. Perusal of the travaux préparatoires suggests that this was a manifestation of some of the over-engineering of the...

Albany Law Review sponsored a symposium today on the topic of “Outsourcing Authority: Citation to Foreign Court Precedent in Domestic Jurisprudence.” It included a number of speakers, including Ken Kersch, Susan Karamanian, John McGinnis, John Baker, Mark Tushnet and yours truly. Wonderful debate about Roper v. Simmons, Lawrence v. Texas, Charming Betsy and the general trend toward citation of foreign and international authority. The most revealing comment came from Mark Tushnet on the subject of constitutional comparativism. He said, “If contemporary U.S. liberals have gotten off the rails they should...

...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...

[Efrat Arbel holds an SJD form Harvard Law School and is a postdoctoral fellow at the University of British Columbia Faculty of Law.] This post is part of the Harvard International Law Journal Volume 54(1) symposium. Other posts from this series can be found in the related posts below. Moria Paz’s article, “The Failed Promise of Language Rights: A Critique of the International Language Rights Regime,” is an important contribution to the literature on language rights. Paz advances a timely and insightful critique of judicial and scholarly treatments of language...

...North, other global South scholars and individuals who are involved in pushing critical theories and approaches have established important online portals in recent years. This includes, but are not limited to, AfronomicsLAW, Third World Approaches to International Law Review (TWAILR), Critical Legal Thinking, Teaching and Researching International Law in Asia (TRILA), and African Network of Constitutional Lawyers (ANCL). Some of these blogs are part of organisational and network activities and are, therefore, involved in organising seminars, conferences, workshops, symposium, webinars and other collaborative works. These blogs have widened the space...

...journals have emerged to explore international law from a range of angles (see, for example, here, here and here). We also observe soaring interest in international legal studies among students. Overall, it is the centring of Iranian interpretations that stands out, many of which cohere with Third World understandings of international law. Here, we refer to “Dialogue Among Civilizations” as proposed by former Iranian president Mohammad Khatami in 2001, as well as Iran’s active participation in Non-Aligned Movement and Asian-African Legal Consultative Organization (AALCO) meetings. Unfortunately, as this symposium seeks...

...symposium reflects on the ECCC’s trials, tribulations, and legacy. In this post, Christoph Sperfeldt and Rachel Hughes consider the ECCC’s reparations mandate. [ Christoph Sperfeldt is a Senior Lecturer at Macquarie University and the author of ‘Practices of Reparations in International Criminal Justice’ (Cambridge University Press, 2022).  Rachel Hughes is a Senior Lecturer at the University of Melbourne, who has previously written for Opinion Juris on the dangers of reclassifying victim information at the ECCC.] When the Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC)...