Search: Syria Insta-Symposium

...the kind of rule of law failures we need to rally against across the world. What such protests show, and this is equally the case in the protests discussed in other contributions of this blog symposium, is how the three values of democracy, human rights and rule of law may work together. Although the rule of law does not easily become the focal point of protest, if things are serious enough – and they currently are – people will take to the streets to defend it. Such rule of law...

...entire project. And now these themes indeed suffuse this symposium in that they resonate through the words of all four commentators Our book bobs and weaves between academic writing and journalistic exposition. Academic hangovers compel us to define and delimit. Halfway through the project, once the empirical research in the archives was complete, and our file-stories drafted, we hit a point of inflection. Should we just stop there? Should we simply publish the file-stories, with modest historical background to situate the reader in Communist Czechoslovakia, and leave the rest unspoken?...

Evan Criddle Evan Fox-Decent We would like to begin by thanking Opinio Juris and the Yale Journal of International L aw for hosting this symposium, and Alexander Orakhelashvili for generously agreeing to act as our interlocutor. In international law, the term “jus cogens” refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. In our article, we argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in...

[Margaret deGuzman is an Associate Professor of Law Temple University Beasley School of Law.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. Thanks to Opinio Juris for inviting me to comment on Jenia Turner’s article and to Professor Turner for her excellent and thought-provoking work. Professor Turner’s article tackles an important problem that has plagued the ICC in its early days. When the ICC Trial Chamber ordered...

[Andrew K. Woods is currently a Climenko Fellow at Harvard Law School.] 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. Let me begin by expressing my gratitude to the Virginia Journal of International Law (VJIL) and Opinio Juris for hosting this discussion, and to Professors Baron, Haque, and Ohlin for their thoughtful responses to my recent VJIL Article. Rather than address every point raised by the comments, I...

[Dr. John Heieck is a criminal defense lawyer in the US and an independent researcher of genocide and human rights studies.] I want to reiterate my thanks to Opinio Juris and the International Commission of Jurists for holding this thought-provoking symposium on my new monograph A Duty to Prevent Genocide: Due Diligence Obligations among the P5. I especially want to thank Professors Jennifer Trahan, Mohamed Helal, and William Schabas for their respective critiques of my book. All three scholars present serious commentaries on the challenges facing the operationalization of the...

...for yet another reason: it is perhaps the clearest judicial pronouncement on the impact of lockdowns – now a common phenomenon globally – on Economic, Social and Cultural Rights (ESCR). States’ COVID-19 responses, as has been detailed by the International Commission of Jurists in its report Living Like People Who Die Slowly: The Need for Right to Health Compliant COVID-19 Responses, have commonly had serious impacts on the full range of ESCR. Despite this, writing in this same symposium, Justice Moses Chinhengo notes that during the COVID-19 pandemic Courts have...

[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] This post is part of our symposium on Dean Schiff Berman’s book Global Legal Pluralism. Other posts can be found in Related Posts below. It is an honor and a pleasure to have the opportunity to participate in this conversation about Paul Berman’s exciting new book, “Global Legal Pluralism: A Jurisprudence of Law...

[ Meg deGuzman is Associate Professor of Law, Temple University] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. Thanks to the Leiden Journal of International Law and to Opinio Juris for inviting me to contribute to this discussion of Jean Galbraith’s excellent article. Jean has identified an important issue about which the current literature on international sentencing is largely silent. In her characteristically clear and insightful prose, Jean demonstrates that the...

...under article 103 of the UN Charter. These applications reflect that the potential utility of type theory lies not in providing the one correct answer in every specific instance but in opening dialogue and providing a shared language and framework to elucidate the meaning of prohibited force. This can advance its clarity and strengthen the norm, contributing to diplomatic efforts and the development of international law in new domains. But the prohibition of the use of force carries a symbolic meaning which should not be dimmed by a focus on...

[ Mark A. Drumbl is Class of 1975 Alumni Professor of Law & Director of the Transnational Law Institute, Washington and Lee University School of Law] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. International criminal law reclines upon simple binaries: good/evil – for instance – as well as authority/helplessness and perpetrator/victim. Victims, however, can victimize. And, correlatively, perpetrators can both kill and save at the same time. Perpetrators may do...

[Sungjoon Cho is currently a Visiting Professor of Law at Northwestern University School of Law. He is also Professor of Law and Norman and Edna Freehling Scholar, Chicago-Kent College of Law.] 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. Thank you to Opinio Juris and the Virginia Journal of International Law (VJIL) for putting together this discussion on my recent VJIL Article – “Beyond Rationality: A Sociological...