Search: Syria Insta-Symposium

...symposium reflects on the ECCC’s trials, tribulations, and legacy. In this post, Melanie O’Brien analyses the ECCC’s approach to prosecuting forced marriage, and rape in forced marriage, during the Khmer Rouge period.  [ Melanie O’Brien is Associate Professor of International Law at the University of Western Australia and President of the International Association of Genocide Scholars .] Forced Marriage under the Khmer Rouge One of the main policies of the 1975–1979 communist Khmer Rouge regime was to increase the population of Cambodia (then known as Democratic Kampuchea). As part of...

[Larry Helfer is the Harry R. Chadwick, Sr. Professor of Law Professor of Law at Duke University School of Law] I am delighted to participate in this Opinio Juris book symposium on Jeff Dunoff and Mark Pollack’s excellent edited volume. My chapter on “Flexibility in International Agreements” was improved by their many helpful comments and suggestions. This brief post summarizes a few of the chapter’s major themes. Citations to all references can be found in the online and print versions of the chapter. Government officials, international lawyers, and diplomats have...

[Richard Meyer is Director, LLM Program, at the Mississippi College School of Law.] This post is part of the Targeted Killings Book Symposium. Other posts in this series can be found in the related posts below. In his chapter in Targeted Killings, Col. Mark “Max” Maxwell sets out to solve the gaps left by the ICRC guidance concerning continuous combat function. His proposal attempts to analogize the terrorist organization to the traditional state and, as a result, find that members of their military arm be treated just like those of...

[Robert Howse is the Lloyd C. Nelson Professor of International Law at New York University School of Law.] 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. Professor Alvaro Santos’s Article brilliantly illustrates how developing countries can use effectively the WTO dispute settlement system not only to defend but to promote their chosen economic developing strategies, even where these (as in the case of Brazil) diverge considerably from the...

[Alexander Greenawalt is a Professor of Law at Pace University School of Law. This post is part of our Punishing Atrocities Symposium.] I am honored to provide this commentary on this terrific new book by Jonathan Hafetz. Let me begin by highlighting some of the things that make this publication a valuable contribution to the literature about International Criminal Law (“ICL”). First of all, the book is an extraordinary reference on international criminal tribunals.  Someone who knows nothing about the field, will come up to speed very quickly while reading...

Tom Ginsburg is Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar and Professor of Political Science at the University of Chicago. Zachary Elkins is Associate Professor in the Department of Government at the University of Texas at Austin. This post is part of the Harvard International Law Journal Volume 54(1) symposium. Other posts from this series can be found in the related posts below. In recent years there has been an active debate in the social sciences about the distinct “cultures” of qualitative and quantitative inquiry....

[Nico Krisch, Professor of International Law, Hertie School of Governance; currently Visiting Professor of Law, Harvard Law School.] This post is part of the Leiden Journal of International Law Vol 25-2 symposium. Other posts in this series can be found in the related posts below. Tom de Boer’s review of my recent book, Beyond Constitutionalism: The Pluralist Structure of Postnational Law, presents not only a careful analysis, but also a direct challenge to its normative thrust. This gives me an opportunity to defend and clarify my views, and I am...

[John Knox is Professor of Law at Wake Forest University Law School and a discussant in the Opinio Juris Symposium] Hari’s paper describes the contributions law-and-geography and legal pluralism can make to understanding climate change litigation and, by extension, other important international problems. She contrasts this pluralist vision to a traditional view of international law, which is much more state-centric. Just how state-centric she sees it I found a bit unclear, but the gist seems to be that under the traditional approach, “formal nation-state consent” is necessary for the creation...

Over the coming ten days, we are proudly kicking off the new year with our first book symposium of 2019 on Kubo Mačák‘s new book, Internationalized Armed Conflicts in International Law, published by Oxford University Press. In addition to comments from Kubo himself, we have the honor to hear from this list of renowned scholars and practitioners: Laurie Blank, Bill Boothby, Susan Breau, Katharine Fortin, Elvina Pothelet, Anne Quintin, Tamas Hoffmann and our own Priya Pillai and Alonso Gurmendi Dunkelberg. From the publisher: This book provides the first comprehensive analysis...

[Eugene Kontorovich is a Visiting Professor at Northwestern University Law School and a contributor to the Opinio Juris On-line Symposium] I would like the thank Peggy and the rest of the Opinio Jurists for providing this forum for the discussion of new work. I’m grateful to Andrew Guzman for providing comments, and even more grateful for providing charitable ones. Andrew’s comments raise several important issues about the paper and its limitations. 1. Multifactor tests. I never thought I’d be guilty of multi-factor tests, but Andrew has caught me red-handed. The...

[Andrew Lang is a Senior Lecturer in Law at the London School of Economics and Political Science.] 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. It is a pleasure to be asked to comment on Alvaro’s most recent paper on ‘Carving out Policy Autonomy for Developing Countries in the World Trade Organization’. I spent a happy few hours reading and digesting the thoughts that Alvaro offers in this...

[Andrew Guzman is Professor of Law at UC Berkeley, Boalt Hall and a discussant in the Opinio Juris On-line Symposium. He blogs regularly at the International Economic Law and Policy Blog] Eugene Kontorovich’s paper, Inefficient Customs in International Law is a welcome contribution to the growing analytical literature on customary international law (CIL). The question asked here is of obvious importance: are rules of CIL likely to be efficient? If the rules are efficient they improve overall welfare (however measured) and if not they reduce it. There remains a question...