Search: Affective Justice: Book Symposium: A Response

[Melanie O’Brien is Senior Lecturer in International Law at the University of Western Australia, and Second Vice-President of the International Association of Genocide Scholars.] As part of the Opinio Juris symposium, “The impact and implications of International law: Myanmar and the Rohingya”, this post looks at the potential impact and implications of the International Court of Justice (ICJ) and International Criminal Court (ICC) cases on the crime of genocide. Is there anything specific about the Rohingya cases in these two courts that may in some way develop the definition of...

Dr Amina Adanan initiated a conference on the 1943-1948 United Nations War Crimes Commission (UNWCC)  involving both her own, Maynooth University School of Law and Criminology, and the Centre for International Studies and Diplomacy in SOAS. The online conference included presentations from scholars in a range of disciplines, including law, history, international relations and political science and was organised by Dr Adanan and SOAS’s Prof. Dan Plesch, and funded by the Royal Irish Academy. This blog symposium on the UNWCC is based on the conference papers from this event. The...

[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...

book sets out an ambitious agenda – covering the role of new technologies not only in times of armed conflict, but also in civilian contexts. The underlying idea is explained in the book’s preface, namely to provide an inquiry into whether lessons can be learned in either realm for the other by examining modern technologies in these two quite different contexts. The editor realizes that a “blueprint that is capable of general application in all contexts” is too ambitious, but strives to nevertheless provide readers with “the relevant facts, rules and...

to prosecute both states and state officials, all of which were non-starters. In the 1930s, they retooled these failed proposals to help create a criminal court that would allow states to prosecute alleged terrorists. (For more on this, see Mark Lewis’ recently published book, The Birth of the New Justice: The Internationalization of Crime and Punishment 1919-1950.) That case illustrates that failed proposals can serve as unexpected bridges not only between the global and regional levels, but also between different legal agendas—for instance, ensuring state accountability and bolstering state security....

[Karen J. Alter is a Professor of Political Science and Law at Northwestern University. Alter’s most recent book is The New Terrain of International Law: Courts, Politics, Rights (Princeton University Press, 2014).] 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. Suzanne Katzenstein’s article is a very welcome systematic investigation of the Hague era and post-Cold War proposals to generate international courts (“ICs”). Katzenstein puts her finger on a serious problem in the...

[Isabel Feichtner is a professor of law and economics at Goethe Universität Frankfurt] 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. Robert Howse’s and Joanna Langille’s article on the Seal Products Dispute is a truly admirable piece of normative doctrinal scholarship. The authors do not hide their preferences with respect to animal welfare and the protection of seals in particular. Their propositions as to the interpretation of WTO law...

...overlapping actors—mirrors the challenges found in human rights implementation. In that sense, how can we draw lessons from blockchain governance to strengthen accountability in similarly decentralized human rights frameworks?  A promising analogy comes from what scholars and regulators have termed the “Global Financial Architecture.” This framework emerged in response to the 2007–2009 global financial crisis, spurred on by the G-20, which recognized that financial stability (here, here) in an interconnected world required coordination and standard-setting beyond any single country or organization. Within this architecture, the Financial Stability Board (FSB) stands...

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 joining in this discussion. Today, Pierre-Hugues Verdier (Boston University School of Law) will discuss his Article, Transnational Regulatory Networks and Their Limits. Verdier’s Article serves as a counterpoint to scholars who are...

[Julian Davis Mortenson is Assistant Professor of Law at Michigan Law.] I am most grateful for the thoughtful comments offered by Bart, Richard, and Ulf. Their observations are well-informed, generous, and extremely useful in advancing the conversation about treaty interpretation. So first and foremost, sincerest thanks to each of them. In my response, I hope (1) to clarify the question that seems principally at issue in the discussion so far, and (2) to suggest how the historical evidence helps answer that question. As Ulf rightly points out, the article’s aim...

can also undertake to locate the remains of victims’ so that they will be returned to their relatives. Finally, in their dialogue with UN treaty bodies, States have regularly referred to trainings provided by the ICRC (see for example responses by Niger and Mexico), as well as of the role of the Red Cross in setting up missing persons databases (see for example responses by Bosnia and Hercegovina and Mexico). Also, relevant here is the fact that several states have reported that protocols and procedures adopted by them have been...