In association with the International Commission of Jurists

March 2012

16 Mar

With characteristic perspicuity, Professor Osofsky has offered a magnificent synthesis of my book and this week’s roundtable, all informed by her perspective about international law. I thank her for her remarks. Professor Osofsky raises a question of how my theory would help less powerful decisionmakers in the international legal system. Let it not be mistaken, and Profssor Osofsky does not...

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16 Mar

[Hari M. Osofsky is Associate Professor and 2011 Lampert Fesler Research Fellow, University of Minnesota Law School and Associate Director of Law, Geography & Environment, Consortium on Law and Values in Health, Environment & the Life Sciences] I am grateful for the opportunity to participate in this exchange over Tai-Heng Cheng’s ambitious and thoughtful new book, When International Law Works. ...

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16 Mar

[Chester Brown is Associate Professor at the Faculty of Law, University of Sydney] Thanks to Professor Cheng for his thoughtful response. As a follow-up comment, this discussion should not conclude without mention of another hard case, being the International Court of Justice’s advisory opinion in Legality of the Threat or Use of Nuclear Weapons. In its advisory opinion of...

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15 Mar

[Jens Ohlin is Associate Professor of Law at Cornell Law School] Cross-posted at LieberCode. So the ICC has released its first verdict and it only took 10 years.  Most media reports are concentrating on the substantive crime – the use of child soldiers – because that issue has suddenly gained popular currency with the Kony2012 viral video. But the Lubanga decision is also...

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15 Mar

I am grateful to Professor Brown’s careful summary of the thesis of When International Law Works. I should, however, make a few clarifying points about my analysis of some international incidents. Professor Brown, with gentlemanly understatement, notes that “some will have their eyebrows raised” by my analysis. Regarding Loewen v. United States, I confess I am rather ambivalent about the award. ...

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15 Mar

[Chester Brown is Associate Professor at the Faculty of Law, University of Sydney] In international life, decision-makers face difficult problems on a regular basis. What should decision-makers do, for instance, when international rules that “promote minimum world order and universally-desired values” run counter to, or threaten, “basic values or essential interests of communities” that those decision-makers serve (p. 2)? ...

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14 Mar

[Robert Howse is the Lloyd C. Nelson Professor of International Law at NYU School of Law] When International Law Works is a wide-ranging work with many important and original claims and arguments. Particularly congenial is the approach that the real world effects of international law be examined not through narrow studies of rule "compliance" but in a manner that takes into...

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14 Mar

From AllAfrica.com: Today, International Criminal Court (ICC) judges in The Hague delivered the Court's first verdict—a finding of guilt against former Congolese warlord Thomas Lubanga. Prosecutors accused Lubanga of the war crimes of conscripting, enlisting, and using children under the age of 15 years for combat purposes while he served as political head of the Union of Congolese...

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