Articles

Manish Kumar Shrestha is an advocate and PhD candidate at the Nepal Law Campus in Nepal. This symposium consists of a series of blogs authored by the different panelists of a webinar hosted by the International Commission of Jurists titled “COVID-19 and Courts: A Global Trend of Judicial Deference?“ Responding to the first wave of the COVID-19 pandemic, Nepal announced a nationwide lockdown from 24...

Myssana Morany is an advocate and the Coordinator of Land and Planning Unit at Adalah – The Legal Center for Arab Minority Rights in Israel and principal author of Adalah’s report: Protecting Human Rights During a State of Emergency: The Supreme Court’s Role at the Beginning of the COVID-19 Crisis (forthcoming). This symposium consists of a series of blogs authored by the different...

Myssana Morany is an advocate and the Coordinator of Land and Planning Unit at Adalah - The Legal Center for Arab Minority Rights in Israel and principal author of Adalah’s report: Protecting Human Rights During a State of Emergency: The Supreme Court’s Role at the Beginning of the COVID-19 Crisis (forthcoming). This symposium consists of a series of blogs authored by...

Dan Mafora is a Research Officer at the Council for the Advancement of the South African Constitution (CASAC). This symposium consists of a series of blogs authored by the different panelists of a webinar hosted by the International Commission of Jurists titled “COVID-19 and Courts: A Global Trend of Judicial Deference?" In the wake of the COVID-19 pandemic, and following the lead of...

[Tamsin Phillipa Paige is a Lecturer with Deakin Law School and consults for the UN Office on Drugs and Crime in relation to Maritime Crime.]  [Recently Opinio Juris hosted a symposium on Professor Monica Hakimi’s latest article in the Michigan Law Review, “Making Sense of Customary International Law”, and her argument that the rulebook approach isn’t reflective of how CIL functions, and...

06.07.20 | 0 Comments| Edit [Monica Hakimi is the James V. Campbell Professor of Law at Michigan Law School.] Preview of Monica's reply to critics https://t.co/5IAtPghkyA pic.twitter.com/db4Mr9S7yN— Adil Haque (@AdHaque110) July 6, 2020 Thanks again to all the contributors to this symposium. It’s hugely rewarding to have such an extraordinary group of international lawyers and scholars engage with my work. It’s all the more rewarding...

I truly enjoyed reading Monica Hakimi’s “Making Sense of Customary International Law” (CIL). It is an exceptional paper, where Monica elegantly brings the entire concept of CIL back to the drawing board. The argument, I believe, can only be properly understood if the reader takes a few steps back and accepts that international law is a construct built by the assembling and disassembling of different legal...

[Jean d’Aspremont is the Chair in Public International Law at the University of Manchester.] That international lawyers constantly feel a need to revisit their doctrinal fundamentals is no sign that the international legal discipline is running out of steam (and out of inspiration). Even if international lawyers feel the world is crumbling in front of them and demanding urgent interventions, there...

[Martin Scheinin is a Professor of International Law and Human Rights at European University Institute and a former UN Special Rapporteur on Human Rights and Counter-terrorism.] Professor Monica Hakimi’s article ’Making sense of customary international law’ is both rewarding and thought-provoking. It fully merits this Symposium. She makes a convincing case that most if not all mainstream doctrinal writing on the topic has serious flaws. She rightly criticizes...

[Jutta Brunnée is University Professor and Metcalf Chair in Environmental Law at the Faculty of Law of the University of Toronto.] With her provocative new article Making Sense of Customary Law, Monica Hakimi challenges doctrinalists as well as theorists of international law to engage in a sophisticated conversation about a classical problem: how do we know when customary international law (CIL) exists as “a general practice...

Introduction Monica Hakimi’s new article, “Making Sense of Customary International Law,” is my favourite kind of scholarship: bold, critical, revisionist, tendentious. Too few scholars are brave enough to confront the sacred cows of public international law this forthrightly, and for that reason alone Hakimi deserves our thanks and praise. That said, I disagree with nearly every word in Hakimi’s article. An adequate response would require an article of its...