Search: Syria Insta-Symposium

refugees are adequately protected. Harold Koh closed off the symposium with his reflections on Sale’s legacy. Also continuing from last week was our Ukraine Insta-Symposium. Boris Mamlyuk argued for a better empirical understanding of the facts on the ground to assess the legality of intervention in Ukraine. As the events in Crimea unfolded, questions of recognition and annexation came into the spotlight with a post by Anna Dolidze on the non-recognition of Crimea, one by Chris analyzing the legality of recognition of a secessionist entity, and one by Greg Fox...

We had a busy week on the blog, so if you haven’t been able to keep track of it all, here is a summary of what happened. We continued the Ukraine Insta-symposium with posts by Remy Jorritsma on the application of IHL to the conflict between Russia and Ukraine and by Sina Etezazian on Russia’s right to protect its citizens in the Crimea and Ukraine’s right to use of force in self-defence. A post by Greg Fox and one by Tali Kolesov Har-Oz and Ori Pomson discussed the limits of...

Anthony Colangelo Bill, I'm naturally with you that the presumption does not or should not apply to jurisdictional statutes https://opiniojuris.org/2013/05/10/kiobel-insta-symposium-kiobel-contradicts-morrison/. But what are we to make of Kiobel's interrogation of the ATS proper to determine the cause of action question, e.g., “to rebut the presumption, the ATS would need to evince a clear indication of extraterritoriality” and that "nothing in the statute rebuts that presumption." That looks a lot like applying the presumption to a jurisdictional statute. Am I correct to assume that you would say the ATS is somehow...

...of outrageous error or intential mistatement! At least the dissent pointed out how the majority completely misunderstood (or intentionally mistated) the early ATS cases as well as piracy. Shocking, incompetent, and perhaps result-oriented judicial out-of-control activism! Daniel Professor Alford, I seem to recall that this topic was discussed vigorously in the comments to the OJ Insta-Symposium. One of the thoughts that came up at that time was a distinction between two ways an international norm becomes part of common law. One is the traditional English view that customary international law...