Search: Syria Insta-Symposium

[Karen J. Alter is a Professor of Political Science and Law at Northwestern University. Alter’s most recent book is The New Terrain of International Law: Courts, Politics, Rights (Princeton University Press, 2014).] 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. Suzanne Katzenstein’s article is a very welcome systematic investigation of the Hague era and post-Cold War proposals to generate international courts (“ICs”). Katzenstein puts her finger on a serious problem in the...

...earlier draft of this blog. Furthermore, we would like to extend our gratitude to all the research participants who generously dedicated their time to provide their insights on the themes of this blog post. An academic article that analyses in depth the themes raised in this blog post is currently in the making. This blog is part of a seven-part symposium which was reviewed and edited by members of the IBOF Futureproofing human rights’ team: Tine Destrooper (Ghent University), Wouter Vandenhole (Antwerp University), Ben Grama (Ghent University), and Marion Sandner (Hasselt University)....

[Suzanne Katzenstein is a Visiting Assistant Professor at the Duke University 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. Thank you to Opinio Juris and the Harvard Journal of International Law for hosting this exchange and to Karen Alter for her thoughtful comments. My article’s central question is why governments create global international courts or, put more precisely, why some government attempts to create such courts succeed and other...

[James Stewart is an Assistant Professor at the University of British Columbia, Faculty of Law. He is currently undertaking a Global Hauser Fellowship at New York University School of Law.] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. It is a pleasure to be invited to comment on Professor Darryl Robinson’s excellent new article How Command Responsibility Got So Complicated. His meticulous research has, once again, advanced our understanding considerably. Indeed, this particular article is but...

...spaces as well as their communities of origin. Peripheralization of borders –one of borders built-in features– allows states to be selectively present (for instance, through extreme securitization and border controls), while at the same time absent when needed (for instance, when it comes to protecting people in mobility trying to enter these borders). Here, too, voids are filled by private actors, as evidenced by smuggling accounts in the Mediterranean or testimonies from migrants at the Darién Gap, El Petén in Central America and the Mexico–U.S. border, where individuals are even...

...this out because—with the exception of Richard’s kind and detailed approbation of the historical analysis—the commentaries in this symposium understandably engage less with the particulars of the history than with its doctrinal implications for contemporary interpretive practice. So here is a sketch of the case for those implications: First: Every mainstream understanding of treaty interpretation contemplates the use of travaux to resolve ambiguity that remains after the methods described in Article 31 are applied. We argue about the use of travaux in other circumstances. But no one seriously contests that...

[ Alejandro Chehtman is Professor of Law at Universidad Torcuato Di Tella. This post is part of our New Technologies and the Law in War and Peace Symposium .] In New Technologies and the Law in War and Peace (CUP, 2018), Bill Boothby and his colleagues have written an important collection of essays exploring the regulation of new weapons systems under both the ‘laws of wars and peace’. The book concentrates on a number of pressing issues, including cyber capabilities, autonomous weapons systems, military human enhancement, non-lethal weapons (which they call...

...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...

[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...

[ Simon Chesterman is Dean and Professor at the National University of Singapore Faculty of Law. This is the second post in the Defining the Rule of Law Symposium, based on this article (free access for six months). You can find the first post here.] Imprecision of meaning in international law is rarely accidental. Diplomacy is an architecture of compromise, with states routinely adopting malleable or self-serving definitions depending on their interests or aspirations. So it is with the international rule of law. A decade ago, every member state of...

...miss the symposium post at Justice in Conflict by Kate Gibson.] The ICC Prosecutor is first and foremost a leader, who needs to stimulate a work culture that empowers personnel in a safe and supportive environment – so that they can investigate and prosecute with excellence. Not only must the next ICC Prosecutor effectively tackle all forms of misconduct, they must also have a clean record. In December, the ICC Staff Union Council called on States Parties to give full meaning to the provisions on high moral character of elected...

...the ICCTs historical narratives) most chapters integrate many of these elements (for example, Chapter 6 also considers a number of different cases to demonstrate some of the broader points the author is making). The book is then not merely ambitious in its plan, it is ambitious in its delivery, and the first time I read it this felt a little bit intimidating (how does he do it). Now, re-reading it as I was preparing for the symposium it felt impressive (I imagine he did it by working relentlessly, because integrating...