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in Mitsubishi v. Soler) and our treaty obligations (See Blackmun’s dissents in Alvarez-Machain and Sale v. Haitian Centers Council) , but also find space in constitutional jurisprudence for customary international law and the opinion of other courts on matters such as the death penalty. For a summary of how Blackmun thought the Court should treat international law and the “Opinions of Mankind,” see his short essay, The Supreme Court and the Law of Nations, reprinted in the 1994 Yale Law Journal. I will blog more on this following the symposium....

[Katerina Linos is an Assistant Professor of Law at Berkeley Law] I am thrilled that Opinio Juris has chosen to host a symposium on The Democratic Foundations of Policy Diffusion, and has lined up an amazing group of international law scholars to comment on different parts of the book. Special thanks to An Hertogen, Roger Alford, and Peggy McGuinness for all of their work in putting together this symposium. Today, I am honored to receive comments from Larry Helfer and David Zaring. Larry Helfer’s work on international legal theory, human...

This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris through this symposium. Over the next three days we will be discussing two Articles from Volume 37, Issue No. 2. Our sincere thanks to An Hertogen and the rest of the Opinio Juris team for hosting this exciting discussion. First, in Avoiding Adaptation Apartheid: Climate...

It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law’s hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law’s bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social...

[ Alexandra Lily Kather  (she/they) is a lawyer, international justice practitioner & co-founder of the Emergent Justice Collective (EJC). Their work focuses, inter alia, on strategically addressing the intersectional dimensions of core international crimes. Angela Mudukuti  is a member of Opinio Juris and a human rights lawyer specialised in international criminal law. She has worked with a variety of international organsisations including the International Criminal Court and Human Rights Watch.] On 4 February 2021, the International Criminal Court (ICC)’s Trial Chamber IX found Dominic Ongwen, a former commander in the Lord Resistance...

[Tatiana Waisberg is an international Law lecturer, researcher and author of books and articles focusing on International Law, Transitional Justice, Latin America Studies, Terrorism and Human Rights, and a ZviMeitar Center for Legal Advanced Studies Research Fellow (20050-8).] This symposium offers an excellent opportunity to reflect on the transitional justice phenomenology over the two decades that followed the launch of Transitional Justice by Professor Ruti Teitel. The book unveiled a groundbreaking insight into a very distinctive concept of justice associated with extraordinary and radical legal and political shifts towards democratization....

[Melanie O’Brien, Senior Lecturer in International Law, University of Western Australia, is an award-winning IHL teacher and Vice-President of the International Association of Genocide Scholars. Her research focuses on genocide and human rights. This is the latest post in the co-hosted symposium with Armed Groups and International Law on Organizing Rebellion .] Tilman Rodenhäuser’s book analyses non-state armed groups in international humanitarian law (IHL), human rights law and international criminal law (ICL). Rodenhäuser is ideally placed to consider this topic, with a background of having worked for NGO Geneva Call...

to the identity of international law as discipline and a profession. The question that arises is whether we can really consider that international law has one identity and that international lawyers across the globe share a core of common beliefs and values. As Miriam Bak McKenna indicated, Anthea Roberts argued in her book Is International Law International? (2017) that law is not necessarily perceived, taught and studied uniformly across borders. This is why I sought to analyse non-western textbooks (see the bibliography pp. 334-340), although I rapidly found myself confronted...

[Katerina Linos is an Assistant Professor of Law at Berkeley Law] I am very pleased that Pierre Verdier, Harlan Cohen, and Roger Alford are offering the closing comments in the symposium on The Democratic Foundations of Policy Diffusion. Of Pierre Verdier’s multiple contributions to the study of international networks and international economic law, I’ll single out his article “Transnational Regulatory Networks and their Limits,” as it is especially relevant to today’s discussion. In this piece, Pierre Verdier argues that Transnational Regulatory Networks may be ill-equipped to deal with the distributional...

This post is part of the Harvard International Law Journal Volume 54(1) symposium. Other posts in this series can be found in the related posts below. This symposium features a series of four responses to articles published in the Harvard International Law Journal’s volume 54(1). Over the next few days we will be presenting the responses, as well as commentary from the authors of the original journal pieces. Christopher N.J. Roberts, of the University of Minnesota Law School, will be responding to “Getting to Rights: Treaty Ratification, Constitutional Convergence, and...

[Daniel Bertram is a PhD candidate at the Department of Law, European University Institute. George Hill holds an LLM from the Department of Law, European University Institute and currently works as a researcher in London.] “International criminal law is dead, long live international criminal law!” There is an almost schizophrenic air to much contemporary discourse about the role of international criminal law (ICL) in world politics. In the scholarly world of scientific journals, academic conferences and classroom debates, ICL has come to be viewed with suspicion. From prosecutorial choices to...

Natalie Lockwood holds a J.D. from Harvard Law School, 2011; and an A.B. from Princeton University, 2006. 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. First of all, let me begin by thanking Professor Burke-White for his careful reading and thoughtful response. I’m honored that someone whose own work I admire so much has taken the time and effort to engage with my article. I am also grateful to Opinio Juris and...