Search: Syria Insta-Symposium
08 Feb AJIL Symposium: Reply to Comments on “The Travaux of the Travaux”
...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...24 Jun Book Symposium: “The Democratic Foundations of Policy Diffusion” by Katerina Linos
This week, we’re hosting a symposium on The Democratic Foundations of Policy Diffusion: How Health, Family and Employment Laws Spread Across Countries, a new book by Katerina Linos (Berkeley Law). Here is the publisher’s description: Why do law reforms spread around the world in waves? Leading theories argue that international networks of technocratic elites develop orthodox solutions that they singlehandedly transplant across countries. But, in modern democracies, elites alone cannot press for legislative reforms without winning the support of politicians, voters, and interest groups. As Katerina Linos shows in The...13 Nov Opinio Juris/Yale Law Journal Symposium: Hathaway and Shapiro on Outcasting
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...
15 Sep Transitional Justice Symposium: Giving Politics Its Due–Late Reflections on Ruti Teitel’s Transitional Justice
...ground’. For them, what Max Weber famously called an ‘ethics of responsibility’ – concerned with the consequences of political actions – was a crucial element of the real politics of transitional justice. Teitel’s work – and particularly the book to which this symposium is dedicated – belongs, I would argue, to this (sometimes forgotten) intellectual tradition. While firmly committed to ideals of justice and legality, Ruti’s work is characterised by a sense of political realism that unambiguously recognises and critically engages with the role of politics in constraining, enabling and...09 Oct LJIL Symposium Vol 25-3: Wording in International Law: Not really a ‘hen house’: dynamics of competition amidst fears of oblivion
[ Francesco Messineo is a Lecturer in Law, Kent Law School, Canterbury (UK).] 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. Unless international lawyers get their act together and agree on the basic meaning of the key terms in their discipline, says Jean d’Aspremont, observers (and, crucially, funders) may suddenly realize that the profession is really no more than an ‘expensive debating club’ – often funded by the taxpayer – ‘in...
25 Aug Rohingya Symposium: The Rohingya Cases before International Courts and the Crime of Genocide
[Melanie O’Brien is Senior Lecturer in International Law at the University of Western Australia, and Second Vice-President of the International Association of Genocide Scholars.] As part of the Opinio Juris symposium, “The impact and implications of International law: Myanmar and the Rohingya”, this post looks at the potential impact and implications of the International Court of Justice (ICJ) and International Criminal Court (ICC) cases on the crime of genocide. Is there anything specific about the Rohingya cases in these two courts that may in some way develop the definition of...
23 Aug Symposium on Informers Up Close: Journeys – Engaging with Informers Up Close
...entire project. And now these themes indeed suffuse this symposium in that they resonate through the words of all four commentators Our book bobs and weaves between academic writing and journalistic exposition. Academic hangovers compel us to define and delimit. Halfway through the project, once the empirical research in the archives was complete, and our file-stories drafted, we hit a point of inflection. Should we just stop there? Should we simply publish the file-stories, with modest historical background to situate the reader in Communist Czechoslovakia, and leave the rest unspoken?...03 Apr HILJ Online Symposium: The Next Step
[Michael Waterstone is the Associate Dean for Research and Academic Centers and J. Howard Ziemann Fellow and Professor of Law at Loyola Law School Los Angeles.] 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. I am grateful that the Harvard International Law Journal and Opinio Juris have asked me to write a response to The Democratic Life of the Union: Toward Equal Voting Participation for Europeans with Disabilities, written by Janos Fiala-Butora,...
17 Sep Organizing Rebellion Symposium: A Multi-Faceted Study of Armed Groups and International Law
relevance of State failure in these scenarios. While I am open to the notion that armed groups may in exceptional circumstances have human rights obligations outside an armed conflict situation, I have taken the view that extra scrutiny will need to be given to the organisation requirement in these circumstances together with what I term the ‘international requirement’ (equivalent of the intensity requirement). It is for this reason that I continue to have difficulties with the finding of the COI in Syria in February 2012 that the Free Syrian Army...04 Apr NYU JILP Symposium: When Should International Criminal Tribunals Compromise on Remedies for Prosecutorial Misconduct?
[Sonja B. Starr is an Assistant Professor of Law at the University of Michigan Law School.] 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. In Policing International Prosecutors, Jenia Iontcheva Turner offers a rich account of the competing interests at stake in cases involving international prosecutors’ misconduct, and advances a strong case that remedial doctrines should squarely acknowledge those competing interests. Because international law has often struggled...