Reading Dan Bodansky’s accounts of the difficulties inherent in reaching a new climate agreement, I’m reminded of a terrific new paper forthcoming in Penn Law Review, "Codifying Custom," by my colleague, Tim Meyer. Tim demonstrates that the types of power plays that make negotiation of new rules so difficult are equally present in attempts to “codify” existing rules. The codification...
[Shana Tabak is a Visiting Associate Professor of Clinical Law at The George Washington University Law School, where she is also a Friedman Fellow with the International Human Rights Clinic. She is the author of False Dichotomies of Transitional Justice: Gender, Conflict and Combatants in Colombia, 44 N.Y.U. J. Int'l L. & Pol. 103 (2011).] I’m very grateful to Professors...
[Ruti G. Teitel is the Ernst C. Stiefel Professor of Comparative Law at New York Law School.] I am happy to join the conversation on Shana Tabak’s "False dichotomies of Transitional Justice Gender, Conflict and Combatants in Colombia," forthcoming in the next issue of the NYU Journal of International Law & Politics. Tabak’s article is a thoughtful meditation on the...
[Vasuki Nesiah is an Associate Professor of Practice at NYU's Gallatin School of Individualized Study.] From manufacturing petrol bombs in their homes in Northern Ireland to planning assassinations in Colombia, female combatants confound received scripts of gender and war. Shana Tabak’s article challenges the analytical frameworks deployed by orthodox approaches to transitional justice, lays out an alternative framework that she...
[Shana Tabak is a Visiting Associate Professor of Clinical Law at The George Washington University Law School, where she is also a Friedman Fellow with the International Human Rights Clinic.] Although the field of transitional justice has made great strides in addressing harms perpetrated against women in the aftermath of conflict, this paper argues that transitional justice mechanisms mistakenly rely on...
[Ming-Sung Kuo is an Assistant Professor at the University of Warwick Law School. He is the author of Taming Governance with Legality? Critical Reflections upon Global Administrative Law as Small-c Global Constitutionalism, 44 N.Y.U. J. Int'l L. & Pol. 55 (2011).] It is a great pleasure and honour to have Professors Karl-Heinz Ladeur and David Gartner as interlocutors in response...
[Karl-Heinz Ladeur is a Professor Emeritus at the University of Hamburg.] 1. Ming-Sung Kuo’s article proffers several hypotheses. One is that global administrative law can be regarded as an element of a “small c-constitutionalism” – as opposed to “large C-Constitutionalism” in a more fundamental approach to a transformation of international law into a new type of “global...
[David Gartner is an Associate Professor of Law at the Sandra Day O'Connor College of Law, Arizona State University.] Thanks for the opportunity to offers some thoughts on Ming-Sung Kuo’s provocative and interesting article entitled Taming Governance with Legality: Critical Reflections Upon Global Administrative Law as Small-c Global Constitutionalism, which highlights some of the key tensions within the project of Global...
[Ming-Sung Kuo is an Assistant Professor at the University of Warwick Law School.] The project of global administrative law has stood out from the various efforts to tame global governance with the rule of law. By enhancing transparency and accountability, global administrative law is expected to improve the policy output of global administration, giving legitimacy to global governance. In this way,...
Secretary of State Hillary Clinton launched a worthy initiative on Tuesday, looking to advance gay rights at the global level. It is yet further evidence of the consequentiality of international human rights that basically all identity groups see value to pressing a global agenda. The "presidential memorandum" setting forth the initiative sends an important cue from the top about how...
[Lea Brilmayer is the Howard M. Holtzmann Professor of International Law at Yale Law School. Isaias Yemane Tesfalidet (LL.M. '10, J.S.D. Candidate, Yale Law School) is a fellow with the Forum for International Criminal and Humanitarian Law. They are the authors of "Third State Obligations and the Enforcement of International Law", 44 N.Y.U. J. Int’l L. & Pol. 1...
[Marko Milanovic is a Lecturer in Law at the University of Nottingham School of Law.] In their timely article Brilmayer and Tesfalidet address an important issue of general international law – when should states bear obligations to either put an end to or not contribute to violations of international law by other states, even when the obligation in question is...
