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30 May

constitutional law, journalists are much less naive: They often will try and get the views of experts with conflicting opinions, and they know that, at some level, political or social or philosophical views can matter to how one thinks the law should be interpreted and applied. In the case of trade law, they are often just looking for the conventional wisdom. When the WTO Secretariat trains officials on the meaning of WTO law, this assistance is far from “technical.” Despite the disclaimers, it transmits one particular outlook on the law....
30.05.12 | |

07 Aug

for this concept, while Rod Rastan offers a persuasive textual defense of the “same person/same conduct” test linked to Article 17. As he succinctly puts it, the “‘same person/same conduct’ test is not an invention that has been read into the law – it is the law itself.” Touching on broader questions that the book poses about how popular understandings – or expectations – of a principle like complementarity can obscure both history and text, Rastan is also curious about “why there seems to be so much difficulty accepting the...
07.08.20 | |

06 Mar

Tom Ginsburg is Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar and Professor of Political Science at the University of Chicago. Zachary Elkins is Associate Professor in the Department of Government at the University of Texas at Austin. 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. In recent years there has been an active debate in the social sciences about the distinct “cultures” of qualitative and quantitative inquiry....
06.03.13 | |

06 Jul

[Nico Krisch, Professor of International Law, Hertie School of Governance; currently Visiting Professor of Law, Harvard Law School.] This post is part of the Leiden Journal of International Law Vol 25-2 symposium. Other posts in this series can be found in the related posts below. Tom de Boer’s review of my recent book, Beyond Constitutionalism: The Pluralist Structure of Postnational Law, presents not only a careful analysis, but also a direct challenge to its normative thrust. This gives me an opportunity to defend and clarify my views, and I am...
06.07.12 | |

29 Mar

[Eugene Kontorovich is a Visiting Professor at Northwestern University Law School and a contributor to the Opinio Juris On-line Symposium] I would like the thank Peggy and the rest of the Opinio Jurists for providing this forum for the discussion of new work. I’m grateful to Andrew Guzman for providing comments, and even more grateful for providing charitable ones. Andrew’s comments raise several important issues about the paper and its limitations. 1. Multifactor tests. I never thought I’d be guilty of multi-factor tests, but Andrew has caught me red-handed. The...
29.03.07 | |

30 May

[Andrew Lang is a Senior Lecturer in Law at the London School of Economics and Political Science.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. It is a pleasure to be asked to comment on Alvaro’s most recent paper on ‘Carving out Policy Autonomy for Developing Countries in the World Trade Organization’. I spent a happy few hours reading and digesting the thoughts that Alvaro offers in this...
30.05.12 | |

29 Mar

[Andrew Guzman is Professor of Law at UC Berkeley, Boalt Hall and a discussant in the Opinio Juris On-line Symposium. He blogs regularly at the International Economic Law and Policy Blog] Eugene Kontorovich’s paper, Inefficient Customs in International Law is a welcome contribution to the growing analytical literature on customary international law (CIL). The question asked here is of obvious importance: are rules of CIL likely to be efficient? If the rules are efficient they improve overall welfare (however measured) and if not they reduce it. There remains a question...
29.03.07 | |

09 Apr

[Jeremy Snyder is an Assistant Professor in the Faculty of Health Sciences at Simon Fraser University; Valorie A. Crooks is an Associate Professor in the Department of Geography at Simon Fraser University.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. In his article “Medical Tourism, Access to Health Care, and Global Justice,” Glenn Cohen provides an excellent discussion of the responsibilities of states for responding to and...
09.04.12 | |

05 Jun

rights law. Nevertheless, Meyer’s point regarding Maxwell’s lack of clarity in assigning responsibility to determine the existence of a NIAC is well taken. However, I read Maxwell to assume the existence of a NIAC so that he may get on with the work of addressing ambiguity in the law regarding individuals with targetable status. Additionally, Meyer’s assertion about the relationship of the jus ad bellum and jus in bello to the individual culpability of soldiers seems to be more argument than law. It is relatively clear, I think, that not...
05.06.12 | |

07 Mar

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. In my previous response to Ashley Deeks’ article, “Consent to the Use of Force and the Supremacy of International Law,” I examined some of the practical, doctrinal, and systemic implications associated with Deeks’ challenge to international law supremacy. As I noted there, I do think the problem of unreconciled consent requires attention, if not a solution, in the use of force context. I would...
07.03.13 | |

06 Jul

[Tom de Boer is a Candidate, Research Master Public International Law at the Amsterdam Law] This post is part of the Leiden Journal of International Law Vol 25-2 symposium. Other posts in this series can be found in the related posts below. To start, I want to thank Nico Krisch for his fair and enlightening reaction to my review essay and the clarifications on his book, and Daniel Halberstam for his interesting contribution to this debate. Below I will try to analyze the positions of both scholars, react on both...
06.07.12 | |

29 Mar

[Sean Murphy is Professor of Law at George Washington University Law School and a discussant in the Opinio Juris On-Line Symposium] For decades now, the global community has recognized that the proliferation of weapons of mass destruction (WMD) and their delivery systems constitutes a major threat to international peace and security. Since the attacks of 9/11, there is broad recognition that the threat is compounded by the possibility of terrorists acquiring and using WMD. If one contemplates the extraordinary events that were unleashed by the attacks of 9/11—wars, detentions without...
29.03.07 | |