Search: Syria Insta-Symposium

...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...

[Alex Whiting is the Prosecution Coordinator at the Office of the Prosecutor at the International Criminal Court. The views expressed are his own.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. I commend Jenia on her thoughtful and balanced analysis of remedies at the ICC for prosecutorial mistakes or misconduct. It is a topic that should be of interest and concern to all actors within the Court,...

[Immi Tallgren is docent of international law at the University of Helsinki, researching ICL, the history of international law and feminism. Her latest publication is Portraits of Women in International Law: New Names and Forgotten Faces (OUP 2023). ] I was thrilled to be invited to this symposium on Gerry Simpson’s The Sentimental Life of International Law (2022). My thrill soon turned to Angst. How to engage with a book like this, to live up to its dazzlingly fluid and distinctive style, its ‘mixology-of-several-disciplines-on-ice’ methodology, and its charismatic author, an...

...as a defense to liability in ICSID arbitration. In his Essay, Professor Yackee suggests a model framework for dealing with this new trend. Responding to his piece will be Jarrod Wong (Pacific-McGeorge School of Law). Andrea K. Bjorklund (UC-Davis School of Law) and Daniel Litwin (McGill University) will also offer a joint response. Although this online symposium focuses on the pieces mentioned above, VJIL would like to bring attention to two additional Articles published in our third Issue. First, in her excellent Article, “Unwilling or Unable: Toward a Normative Framework...

[Margaret deGuzman is an Associate Professor of Law Temple University Beasley School of Law.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. Thanks to Opinio Juris for inviting me to comment on Jenia Turner’s article and to Professor Turner for her excellent and thought-provoking work. Professor Turner’s article tackles an important problem that has plagued the ICC in its early days. When the ICC Trial Chamber ordered...

...‘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...

This week we will host a mini-symposium on James G. Stewart’s latest article, The Turn to Corporate Criminal Liability for International Crimes: Transcending the Alien Tort Statute. James has been an Assistant Professor at the Faculty of Law at Allard Hall, University of British Columbia, where he as been since 2009. Previously he was an Associate-in-Law at Columbia Law School in New York. He has also been an Appeals Counsel with the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia and has also worked for...

...the kind of rule of law failures we need to rally against across the world. What such protests show, and this is equally the case in the protests discussed in other contributions of this blog symposium, is how the three values of democracy, human rights and rule of law may work together. Although the rule of law does not easily become the focal point of protest, if things are serious enough – and they currently are – people will take to the streets to defend it. Such rule of law...

Evan Criddle Evan Fox-Decent We would like to begin by thanking Opinio Juris and the Yale Journal of International L aw for hosting this symposium, and Alexander Orakhelashvili for generously agreeing to act as our interlocutor. In international law, the term “jus cogens” refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. In our article, we argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in...

[Andrew K. Woods is currently a Climenko Fellow at Harvard Law School.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. Let me begin by expressing my gratitude to the Virginia Journal of International Law (VJIL) and Opinio Juris for hosting this discussion, and to Professors Baron, Haque, and Ohlin for their thoughtful responses to my recent VJIL Article. Rather than address every point raised by the comments, I...

[Dr. John Heieck is a criminal defense lawyer in the US and an independent researcher of genocide and human rights studies.] I want to reiterate my thanks to Opinio Juris and the International Commission of Jurists for holding this thought-provoking symposium on my new monograph A Duty to Prevent Genocide: Due Diligence Obligations among the P5. I especially want to thank Professors Jennifer Trahan, Mohamed Helal, and William Schabas for their respective critiques of my book. All three scholars present serious commentaries on the challenges facing the operationalization of the...