Search: Syria Insta-Symposium
29 Mar Symposium Paper 3: Legislator of Last Resort: The Security Council’s Emerging Role in WMD Proliferation Crises
Abstract The questions asked by the organizers of this symposium on recent challenges facing public international law—whether international law is “too weak to make a difference” or whether its institutions are “invasive to the point of being undemocratic”— and the specific challenges mentioned by way of example (“terrorism, hegemony, illegitimacy”) all converge in the topic of this paper: an inquiry into the proper role of the Security Council in addressing ongoing nuclear, biological, and chemical proliferation crises. Put simply, the challenge of bringing WMD proliferation under control is complicated by...07 Mar HILJ Symposium: Consent to the Use of Force, Jus Cogens, and Manifest Violations of Domestic Law
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 my previous response to Ashley Deeks’ article, “Consent to the Use of Force and the Supremacy of International Law,” I examined some of the practical, doctrinal, and systemic implications associated with Deeks’ challenge to international law supremacy. As I noted there, I do think the problem of unreconciled consent requires attention, if not a solution, in the use of force context. I would...
18 Apr Symposium on International Conflict and Security Law: A Research Handbook – The Extra-Legal Foundations of International Conflict and Security Law: the Importance of Identifying Globally Protected Goods and Collective Interests
...Peremptory Norms of the International Community”, in European Journal of International Law, Volume 23, Issue 3, pp. 837-861). It seems clear that, in spite of their importance to assess the legitimacy of international law, there is no single and widespread definition of what these values are (on international “common goods”, see Cafaggio, F. and D. D. Caron, “Global Public Goods amidst a Plurality of Legal Orders: A Symposium”, in European Journal of International Law, Volume 23, Issue 3, 2012, pp. 643-649, as well as Shaffer, G. “International Law and Global...06 Jul LJIL Symposium Vol 25-2: Beyond Constitutionalism – How Radical Pluralism Bites Its Own Tail
[Tom de Boer is a Candidate, Research Master Public International Law at the Amsterdam Law] 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. To start, I want to thank Nico Krisch for his fair and enlightening reaction to my review essay and the clarifications on his book, and Daniel Halberstam for his interesting contribution to this debate. Below I will try to analyze the positions of both scholars, react on both...29 Mar Symposium: Discussion of Kanwar’s “Security Council as Legislator of Last Resort”
[Sean Murphy is Professor of Law at George Washington University Law School and a discussant in the Opinio Juris On-Line Symposium] For decades now, the global community has recognized that the proliferation of weapons of mass destruction (WMD) and their delivery systems constitutes a major threat to international peace and security. Since the attacks of 9/11, there is broad recognition that the threat is compounded by the possibility of terrorists acquiring and using WMD. If one contemplates the extraordinary events that were unleashed by the attacks of 9/11—wars, detentions without...30 May VJIL Symposium: Alvaro Santos Responds to Professors Howse and Lang
[Alvaro Santos is currently an Associate Professor of Law at the Georgetown University Law Center.] 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. I am grateful to Professors Robert Howse and Andrew Lang for their comments on my Article. I am an avid reader of their work and am honored for the opportunity to have this exchange. My Article argues that contrary to the commonly held assumption that...29 Mar Symposium: Discussion of Gordon’s “Toward an International Criminal Procedure”
[Mark Drumbl is the Class of 1975 Alumni Professor of Law at Washington & Lee Law School and a discussant in the Opinio Juris On-line Symposium. He blogs regularly at AIDP Blog.] In Toward an International Criminal Procedure: Due Process Aspirations and Limitations, Professor Gregory Gordon inquires why international criminal procedure “has failed to achieve the level of due process offered by the most rights-protective countries, such as the United States.” He posits that a number of factors explain this perceived due process shortfall. Factors include the need to harmonize...29 Mar Symposium: Gordon Reply to Drumbl
[Gregory Gordon is Assistant Professor of Law at the University of North Dakota Law School and a conbributor to the Opinio Juris On-Line Symposium] I think Professor Mark Drumbl’s perceptive comments highlight some of the serious tensions underlying the creation of an inclusive, internally coherent international due process that dispenses justice efficiently while upholding the human rights principles on which it is premised. By no means do I think the United States criminal procedure model, or the adversarial model in general, is without flaws (other systems tend to protect speedy...