Search: Affective Justice: Book Symposium: A Response
13 Apr One Word for the PTC on the Interests of Justice: Taliban
that the OTP has always rejected. Moreover, even if feasibility of investigation is relevant to whether opening an investigation is in the interests of justice, it is anything but clear that the PTC is entitled to substitute its assessment of feasibility for the OTP’s. It is exceptionally clear that the PTC has engaged in de novo review of the OTP’s determination that there are not “substantial reasons to believe that an investigation would not serve the interests of justice.” Even if reviewing the interests of justice is appropriate — as...04 Jun Guest Post: Stepping Back from the Precipice in Bond
...given Justices Scalia and Thomas some pause, rather than encouraging them to strike forth so boldly. What is of critical importance, however, is that the Cato argument found favor with only those two Justices. Even Justice Alito, who joined Justices Scalia and Thomas on their other constitutional argument (see below), expressly declined to join this part of Justice Scalia’s opinion. That ought to sound the death knell for this misbegotten argument. b. Limiting the Power of the President and the Senate to Enter Into Treaties The Necessary and Proper Clause...04 Nov Response to Glazier, Vagts, Clark, and Pendas
My thanks to Dave Glazier, Detlev Vagts, Roger Clark, and Devin Pendas for their insightful comments on my book. At the risk of sounding like I’ve plagiarized my response at EJIL: Talk!, I find it difficult to respond to those comments, because I almost completely agree with them. But I’ll give it a shot… Glazier My basic response to Dave’s comments is delight – I’m glad he finds the book useful for his own work, which is the highest compliment an author can receive. He does not offer any substantive...05 Dec Justice Kennedy in Boumediene Oral Argument
going to answer to Justice Breyer, that the court of appeals does have the right to determine whether to the extent the Constitution and the laws of the United States are applicable, whether such standards and procedures, such as CSRT, are — – to make the determination — are consistent with the Constitution – GENERAL CLEMENT: Yes, Justice – JUSTICE KENNEDY: — that’s provided in the MCA. GENERAL CLEMENT: It absolutely is…. Fourth Exchange (p. 54): JUSTICE BREYER: …. [Y]ou could have the best procedure in the world, and they’re...
23 Jan Symposium: Internationalized Armed Conflicts—Four Concluding Thoughts
...parts of the book and, on top of that, an additional question that relates to the entirety of my argument. It is this overarching issue that I turn to in the next section. The big question: Is there such a thing as “internationalized armed conflict”? Several commentators have expressed some doubts about the legal valence of the central concept of the book. I am the first to admit that there is some conceptual confusion surrounding the notion of internationalized armed conflicts—something I discuss in detail in the book (pp. 24–28)....31 Mar HILJ Online Symposium: Volumes 54(2) & 55(1)
as follows* Monday, March 31, 2014: Response and Sur-response to Anthea Roberts, State-to-State Investment Treaty Arbitration: A Hybrid Theory of Interdependent Rights and Shared Interpretive Authority, 55 Harv. Int’l L.J. 1 (2014). Response authored by Martins Paparinskis. Tuesday, April 1, 2014: Response and Sur-response to Monica Hakimi, Unfriendly Unilateralism, 55 Harv. Int’l L.J. 105 (2014). Response authored by Tim Meyer. Wednesday, April 2, 2014: Response and Sur-response to Gregory H. Shill, Ending Judgment Arbitrage: Jurisdictional Competition and the Enforcement of Foreign Money Judgments in the United States, 54 Harv. Int’l...
02 Nov Symposium on the ECCC: Victim Participation at the ECCC – Final Justice for the Victims of the Khmer Rouge?
...Study of Humanitarian Law , Royal University of Law and Economics since 2017, whose research concerns the transitional justice process in Cambodia, including victim participation and genocide education of the young generation. Julie Bernath is a senior researcher at swisspeace and the University of Basel, whose book ‘The Khmer Rouge Tribunal: Power, Politics and Resistance in Transitional Justice’, will be published in 2023 with The Wisconsin University Press.] On 22 September 2022, 150 civil parties attended the final hearing of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which...
03 Aug Complementarity, Catalysts, Compliance Symposium: The Spectrum of Ideologies in International Criminal Justice–From Legalism to Policy
...justice scholarship already, including Sarah Nouwen’s book Complementary in the Line of Fire, Carsten Stahn and Mohamed El Zeidy’s edited volume The International Criminal Court and Complementarity, and articles by Kevin Jon Heller (see here and here) and William Schabas. De Vos’s book ultimately succeeds in this endeavour by grounding his engagement with the question of complementarity in a novel perspective, namely, by examining the multiple socially constructed meanings of complementarity and their respective implications for building domestic criminal justice systems. The goal of this brief contribution to the symposium...
17 Feb Symposium on Rewriting Histories of the Use of Force: A Rejoinder
[Agatha Verdebout is a Senior Researcher at Groupe de recherche et d’information sur la paix et la sécurité (GRIP).] I would like to start by thanking all the contributors for taking the time to read and review the book, as well as Alexandra Hofer and Opinio Juris for their interest in my work and the effort they have put into organising this written symposium. I am grateful for their comments, suggestions, questions and invitations to elaborate on some of the claims I make in Rewriting Histories. Reading the reviews confirmed...
16 Aug Symposium on Oumar Ba’s Book ‘States of Justice: The Politics of the International Criminal Court’–Introductory Post
...reason that we invited a few scholars and practitioners to reflect on the themes covered by the book. We also invited Oumar Ba to respond to the observations of the contributors. We are very grateful to the contributors and to Oumar Ba for participating in this symposium despite the very disruptive effect that the global COVID-19 pandemic has had on professional and personal lives. We are also grateful to OpinioJuris for hosting this symposium. We hope that this symposium will stimulate enriching reflections on the themes covered by the book....