Search: Syria Insta-Symposium

[Robert Howse is the Lloyd C. Nelson Professor of International Law at the New York University School of Law.] 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. The Article by Shaffer and Trachtman is a tour de force: it identifies and explains many of the most important interpretative choices that panels and the Appellate Body have made in adjudicating disputes under WTO law, and speculates on the...

So far, the 2020s have been a great decade for books on the history of international humanitarian law. 2020 saw the publication of Giovani Mantilla’s exceptional Lawmaking Under Pressure , on the history of Common Article 3; 2021 gave us Samuel Moyn’s Humane , a powerful critique on the idea that war can be humanised; and now 2022 starts off with Boyd van Dijk’s Preparing for War . I am extremely happy that we are showcasing his book in this symposium, as I am convinced it is an immediate must-read...

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. [Bonnie Docherty is a lecturer on law and senior clinical instructor in the Harvard Law School International Human Rights Clinic. Tyler Giannini is a clinical professor and clinical director of the Harvard Law School Human Rights Program.] In their thought-provoking article “Avoiding Apartheid: Climate Change Adaptation and Human Rights Law,” Margaux Hall and David Weiss argue that human rights law has...

The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in this third online symposium. Today, Friday, and Monday we will feature three Articles published by YJIL in Vol. 34-1, which is available for download here. Thank you very much to Peggy McGuinness and the other Opinio Juris bloggers for hosting and joining in this discussion. Today, Pierre-Hugues Verdier (Boston University School of Law) will discuss his Article, Transnational Regulatory Networks and Their Limits. Verdier’s Article serves as a counterpoint to scholars who are...

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...

...‘endorsed by the ICRC’. Therefore, while specifically tasked with reporting their actions in relation to their legal obligations, States often refer to activities that have been undertaken, not by them, but by the International Red Cross movement. In these instances, the states have never formally relegated their obligations to the International Red Cross movement. Even if they had, they would still be under an obligation to monitor and possibly regulate that actor, and make sure to meet their own obligations in the end. In the case of missing persons, one...

Thanks to Kevin Govern and Duncan Hollis for providing the two previous posts (here and here) in this book symposium on Cyber War: Law and Ethics for Virtual Conflicts. In my post, I want to explore the difficulties arising from causal investigations in cyber attacks. Everyone knows that the increasing threat of cyber attacks will place immense pressure on the operational capacities for various intelligence and defense agencies. Speak with anyone in military operations (from several countries), and their lists of security concerns are remarkably similar: Russia, ISIS, and cyber...

[Joseph Rikhof is an adjunct professor at the Faculty of Common Law of the University of Ottawa. Until his retirement in 2017 he was also a senior counsel at the Crimes against Humanity and War Crimes Section of the Canadian Department of Justice. 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 .] The book “The Legal Legacy...

[Darryl Robinson is an Assistant Professor at Queen’s University, Faculty 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. I am very grateful for James Stewart’s comments on “How Command Responsibility Got So Complicated”. Professor Stewart and I are engaged in similar projects (criminal law theory and international criminal law (‘ICL’)) and immersed in similar literature, so our discussions are always very helpful to me, even though we at times reach different conclusions. Professor Stewart...

Starting this coming Tuesday, Opinio Juris is pleased to host a joint symposium with the Yale Law Journal on a new article by Oona Hathaway and Scott Shapiro, Outcasting: Enforcement in Domestic and International Law. Here’s the abstract: This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method that modern states use to enforce their law, outcasting is nonviolent: it does not rely on bureaucratic organizations, such as police or militia, that employ physical force to maintain...

[Martin Scheinin is a Professor of International Law and Human Rights at European University Institute and a former UN Special Rapporteur on Human Rights and Counter-terrorism.] Professor Monica Hakimi’s article ’Making sense of customary international law’ is both rewarding and thought-provoking. It fully merits this Symposium. She makes a convincing case that most if not all mainstream doctrinal writing on the topic has serious flaws. She rightly criticizes what she calls the “rulebook conception” of customary international law and convincingly demonstrates that in everyday practice it does not really work like...

[This post is part of our New Technologies and the Law in War and Peace Symposium .] Technology advances through synergy. Breakthroughs in one area of technology spurs developments in others. Advances in materials science led to the miniaturization of electronic components. Miniaturization led to a revolution in the architecture of computers. From ENIAC to iPhones. The computer revolution led to a revolution in, well, just about every other area of technology. Advances in electronics, robotics, and computerization each affects space tech. And so on, across a complex web of...