Search: Syria Insta-Symposium
10 Oct LJIL Symposium Vol 25-3: Good Deeds of International Defendants: A Comment by Margaret deGuzman
[ Meg deGuzman is Associate Professor of Law, Temple University] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. Thanks to the Leiden Journal of International Law and to Opinio Juris for inviting me to contribute to this discussion of Jean Galbraith’s excellent article. Jean has identified an important issue about which the current literature on international sentencing is largely silent. In her characteristically clear and insightful prose, Jean demonstrates that the...
15 Nov Symposium on Erin Pobjie’s Prohibited Force: The Meaning of Article 2(4) of the UN Charter
...under article 103 of the UN Charter. These applications reflect that the potential utility of type theory lies not in providing the one correct answer in every specific instance but in opening dialogue and providing a shared language and framework to elucidate the meaning of prohibited force. This can advance its clarity and strengthen the norm, contributing to diplomatic efforts and the development of international law in new domains. But the prohibition of the use of force carries a symbolic meaning which should not be dimmed by a focus on...29 May VJIL Symposium: Andrew K. Woods Responds to Professors Baron, Haque, and Ohlin
[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...19 Oct YJIL Symposium – A Fiduciary Theory of Jus Cogens
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...
24 Sep Symposium on Protest and Legal Mobilization: Protest as Rule of Law Engagement – Reflections on Protest as Legal Mobilization
...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...24 Nov Mini-Symposium: James Stewart’s The Turn to Corporate Criminal Liability for International Crimes–Transcending the Alien Tort Statute
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...
03 Aug Complementarity, Catalysts, Compliance Symposium: The Spectrum of Ideologies in International Criminal Justice–From Legalism to Policy
...justice scholarship already, including Sarah Nouwen’s book Complementary in the Line of Fire, Carsten Stahn and Mohamed El Zeidy’s edited volume The International Criminal Court and Complementarity, and articles by Kevin Jon Heller (see here and here) and William Schabas. De Vos’s book ultimately succeeds in this endeavour by grounding his engagement with the question of complementarity in a novel perspective, namely, by examining the multiple socially constructed meanings of complementarity and their respective implications for building domestic criminal justice systems. The goal of this brief contribution to the symposium...
11 Nov Symposium on Erin Pobjie’s Prohibited Force: Toward a Higher Level of Analytical Clarity – An Introductory Reflection on Erin Pobjie’s ‘Prohibited Force’
...not make the bold assertion that the use of her methodology will yield incontrovertible results in all possible instances. More modestly, but probably more realistically, she claims that it provides a shared language and coherent framework for legal analysis and scholarly debate regarding the content of a prohibited ‘use of force’ between States under international law. In that vein, her carefully worded conclusion on page 232 reads as follows: ‘The framework of type theory has the potential to facilitate clearer analysis of “uses of force” between States. It is...29 May VJIL Symposium: Jens David Ohlin Comments on “Moral Judgments & International Crimes”
[Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode.] 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. Andrew Woods has done an admirable job tackling a truly foundational issue: the normative basis for punishment in international criminal law. This issue has engaged my thinking as well, and Woods is to be congratulated for moving the ball forward and asking the...