Many thanks to Derek Jinks for his kind words on the article and deeply incisive comments. I will do my best to reply sequentially to the provocative issues he’s raised. 1. I agree that conceptual overlap of ad bellum and in bello does not necessarily pose a problem for IHL. Indeed, as Jinks says, some discrepancy based on the nature of the...
Thanks to the editors of Yale Journal of International Law and the hosts of Opinio Juris for the opportunity to comment on Rob Sloane’s terrific article, The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and the Jus in Bello in the Contemporary Law of War. The piece is, in my view, essential reading for law of war...
In the first place, I want to express my thanks to the hosts of Opinio Juris and to the editors of the Yale Journal of International Law for the opportunity to discuss this piece in a public forum—and, above all, to Derek Jinks for kindly taking the time to read and comment on it. What animated this article is my...
I would first like to thank David for his thoughtful reply to my initial post. I will address his three main points briefly and in order. First, David raises a very fair set of questions regarding the choice and emphasis of my case studies. I deliberately chose three networks that were widely seen as successful in the literature, so that they...
It’s a pleasure to be able to comment on Pierre-Hugues Verdier’s excellent, if critical, article on networks. I respond as a defender: in my view, networks have notched some impressive achievements, and at their best, have become primary vehicles of international governance. From bank capital adequacy to mutual recognition on drug regulation to accounting standards, their list of...
I would first like to thank Opinio Juris for hosting this online symposium on my recent article, Transnational Regulatory Networks and Their Limits. Opinio Juris has quickly become an invaluable means of keeping up with current developments in international law, and I am delighted to have this opportunity to share my thoughts with you. In essence, the article sounds a cautionary...
The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in this third online symposium. Today, Friday, and Monday we will feature three Articles published by YJIL in Vol. 34-1, which is available for download here. Thank you very much to Peggy McGuinness and the other Opinio Juris bloggers for hosting and...
Ed Whelan responds to my post mostly through name-calling, labeling me an incoherent, liberal academic. Yet, no amount of ad hominem attack can obscure the basic weakness of his argument. He continues to worry that international elites will subvert the will of democratically elected leaders in the executive and legislative branches. But who exactly are these international elites and how...
Homework, people, homework: Bangladesh may request the International Criminal Court to put on trial Pakistani forces for alleged war crimes, a top official said Tuesday. 'We will take the matter to the International Criminal Court and seek the trial of the members of the Pakistani occupation forces who committed crimes against humanity during our liberation war,' State Minister for Liberation War...
[ Laura Dickinson is Foundation Professor of Law, Sandra Day O’Connor College of Law, Arizona State University.] Recent attempts to criticize Harold Hongju Koh’s appointment to be the Legal Adviser at the U.S. Department of State have gone from silly to absurd. Koh, currently the Dean and the Gerard C. and Bernice Latrobe Smith Professor at Yale Law School, is one...
I've always loved the New York Times. I've been reading it since I was a kid. But this comment by the paper's Executive Editor, Bill "Isn't the Iraq War Just Swell?" Keller, makes me want to cancel my subscription: Saving the New York Times now ranks with saving Darfur as a high-minded cause. Yeah, propping up the Gray Lady is just as...
The more things change, the more things stay the same -- at least with this administration: He had become the most vocal opponent of the trial of Guantanamo Bay detainee Omar Khadr, taking on a position more akin to politician than lawyer and launching a two-year public and media campaign that landed him on the front pages of newspapers and inside...
