Search: Affective Justice: Book Symposium: A Response
22 Mar SCSL Symposium: Of Amnesty, Pendulums and Peremptory Norms
[William A. Schabas is a Professor of international law at Middlesex University London and Professor of international criminal law and human rights at Leiden University. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] For much of the first four decades of its history as an independent State, Sierra Leone was in a situation of great...
13 Apr ICC Prosecutor Symposium: The Appointment of the Next ICC Prosecutor Is Not a Forum for Career Transition
...that there is common ground between both prosecution and defence perspectives. Please don’t miss James A. Goldston’s post in the symposium at Justice in Conflict: Choosing the Next ICC Prosecutor—Lessons from the Past.] The public release of the names of several candidates vying for the position of ICC Prosecutor has triggered a significant amount of speculation and comment as to their suitability for what is arguably the most high-profile prosecutorial appointment in the world. This post will focus on the abstract qualities that should define this role, rather than the specific...11 Apr VJIL Symposium: Rachel Brewster Comments on “Interpretation and Institutional Choice at the WTO”
[Rachel Brewster is an Assistant Professor of Law at Harvard Law School.] 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. I have the pleasure of commenting on Gregory Shaffer and Joel Trachtman’s innovative and important article, “Interpretation and Institutional Choice at the WTO,” recently published in the Virginia Journal of International Law. The authors present an analytical framework for assessing the interpretative choices made by treaty drafters...21 Jan International Law as Behavior Symposium: Playing the Negotiated Choice Architecture Game – Negative/Positive Listing in Services Trade Agreements
...of quantitative research that opt-in/opt-out provisions in treaties have significantly differential effects on subsequent choices. In a paper I am writing with Dr. Shai Moses (a former negotiator and affiliated with the Université de Genève) for a forthcoming handbook on trade in services (edited by Martin Roy and Pierre Sauvé), we explore the behavioral dynamics of negotiated choice architecture in the context of international services trade liberalization, and in particular in the ongoing negotiations towards a plurilateral Trade in Services Agreement (TiSA). Here are some of our initial observations on...29 Mar Follow-up to NYU JILP Symposium on LGBT Asylum and Refugee Law
In response to the online symposium on LGBT asylum and refugee law held two weeks ago by the NYU Journal of International Law & Politics and Opinio Juris, the Journal received several additional pieces of commentary. The contributions below specifically tie to Professor Ryan Goodman’s article, Asylum and the Concealment of Sexual Orientation, which also appears in issue 44:2: “To counteract some of these concerns, [Hathaway & Pobjoy] place great faith in international human rights and anti-discrimination law pertaining to LGBT rights to constrain decision-makers’ reliance on their own subjectimve...06 Feb AJIL Symposium: Comment on “The Travaux of Travaux: Is the Vienna Convention Hostile to Drafting History?”
[Richard Gardiner is a Visiting Professor at University College London, Faculty of Laws] The article which this symposium addresses is important, timely, and elegant. It is an important study because it examines one of the most common misunderstandings about the VCLT provisions on the role of preparatory work in treaty interpretation. It lays to rest the mistaken idea that an interpreter may only consider preparatory work if interpretation of a treaty provision by applying the general rule reveals ambiguity or obscurity, or leads to a result which is manifestly absurd...
26 May Futureproofing Human Rights Symposium: When the Center Cannot Hold – Grey Zones in “The Age” of Accountability
[Jorge Peniche is an international lawyer specializing in transitional justice and accountability, with a focus on emerging settings. He is the Associate in Mexico at G37 Centre and an Associate Professor at Universidad Iberoamericana (Mexico), where he teaches on transitional justice, organized crime and security. He holds a Master of Laws from New York University.] Preludium: “I Want Consequences…” “I want consequences,” she told me. “Against whom?” I asked. “Against those most responsible… the system that allowed this to happen,” she concluded. It was a conversation I had with the...
08 May New Technologies Symposium: Autonomous Weapons Systems– Why Keeping a ‘Human On the Loop’ Is Not Enough
[ Alejandro Chehtman is Professor of Law at Universidad Torcuato Di Tella. This post is part of our New Technologies and the Law in War and Peace Symposium .] In New Technologies and the Law in War and Peace (CUP, 2018), Bill Boothby and his colleagues have written an important collection of essays exploring the regulation of new weapons systems under both the ‘laws of wars and peace’. The book concentrates on a number of pressing issues, including cyber capabilities, autonomous weapons systems, military human enhancement, non-lethal weapons (which they call...03 Apr HILJ Online Symposium: The Next Step
[Michael Waterstone is the Associate Dean for Research and Academic Centers and J. Howard Ziemann Fellow and Professor of Law at Loyola Law School Los Angeles.] This post is part of the HILJ Online Symposium: Volumes 54(2) & 55(1). Other posts in this series can be found in the related posts below. I am grateful that the Harvard International Law Journal and Opinio Juris have asked me to write a response to The Democratic Life of the Union: Toward Equal Voting Participation for Europeans with Disabilities, written by Janos Fiala-Butora,...28 Jun YJIL Symposium: The Seal Products Dispute and the Boundaries of Trade Law
[Simon Lester is the President of WorldTradeLaw.net and a trade policy analyst at the Cato Institute.] 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. Over the past two decades, there has been an effort by many trade law academics and others to define the boundaries of international trade rules in a way that disciplines trade restrictions, while allowing sufficient policy space for governments to regulate in legitimate ways. Rob...