Search: Affective Justice: Book Symposium: A Response
23 Jun Business and Human Rights Symposium: Climate Change Litigation Against Corporations and the Role of Civil Liability
...a preventative climate case against a corporate actor. Given the ubiquity of tort law, the international press, including the Wall Street Journal, the Financial Times, and the New York Times inquired about possible ripple effects of the Shell judgement. A case analogous to the Shell case was filed in France against the oil and gas group Total. This case is of particular interest to this blog symposium since it relies on the first mandatory human rights and environmental due diligence legislation, the French Duty of Vigilance Law, as well as...29 May VJIL Symposium: Introducing Moral Judgments & International Crimes
[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. Thank you very much to the Virginia Journal of International Law and Opinio Juris for hosting this online discussion on my recent VJIL Article, “Moral Judgments & International Crimes: The Disutility of Desert.” The international criminal regime exhibits many retributive features, but scholars and practitioners rarely defend the...
20 Sep Organizing Rebellion Symposium: Who Can Commit Genocide? A Discerning Analysis of Non-State Entities as Perpetrators
[Sareta Ashraph is an international criminal law barrister, specializing in international criminal, humanitarian law and human rights law – with a particular focus on the gendered commission and impact of genocide. This is the latest post in the co-hosted symposium with Armed Groups and International Law on Organizing Rebellion .] In the summer of 2014, the armed group, the Islamic State of Iraq and the Levant (ISIL), razed a path of destruction through northern Iraq’s Nineveh plains, advancing southwards to within 60 kilometres of Baghdad. Their crimes – which included...
23 Mar SCSL Symposium: Legacy of the Special Court for Sierra Leone–Creating Space for Non-Judicial Alternatives
[Linda E. Carter is a Distinguished Professor of Law Emerita at University of the Pacific, McGeorge School of Law. 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.] Professor Jalloh’s excellent book on the legal legacy of the Special Court for Sierra Leone (SCSL) gives us a comprehensive view of...
15 Jul Intervention in Civil Wars Symposium: Intervention in Latin America
My friend Chiara Redaelli has produced an impressive volume, thoroughly analysing the topic of intervention in civil wars. As others in this symposium have already pointed out, it is usually difficult to offer comments on what one mostly agrees with. In this post, therefore, apart from congratulating Chiara for a fantastic book, I wanted to add to the conversation by briefly telling the story of intervention in civil wars she explores, though Latin American eyes. Latin America is not usually a region one thinks about when dealing with issues of...20 May Symposium: The International Rule of Law – Defying Gravity?
[Heike Krieger is Professor of Public Law and International Law at Freie Universitaet Berlin and Co-Chair of the Berlin Potsdam Research Group on The International Rule of Law – Rise or Decline? This is the fifth post in the Defining the Rule of Law Symposium, based on this article (free access for six months). The first is here, the second, here, the third here, the fourth here and the fifth here. ] The awareness of a crisis of international law is widespread. The multiplicity of challenges which the international order...
30 May Futureproofing Human Rights Symposium: Innovative Accountability Mechanisms for Addressing Human Rights Violations Abroad – A Case Study of the UK
...(POCA, Part 5, Ch. 1, sections 241(2A) and 241A). Notably, the definition of ‘gross human rights abuses or violations’ is narrowly defined. It applies exclusively to cases involving torture or cruel, inhuman, or degrading treatment inflicted on whistleblowers or human rights activists by public officials or with their instigation, consent, or acquiescence (Criminal Finances Act, s13(3)). This limited scope reflects the provision’s origin as a response to the death of Russian lawyer Sergei Magnitsky, and hence it is commonly referred to as the ‘Magnitsky Clause’. The provision appears to be...29 May Introduction to the Virginia Journal of International Law/Opinio Juris Online Symposium for Issue 52:3
...as a defense to liability in ICSID arbitration. In his Essay, Professor Yackee suggests a model framework for dealing with this new trend. Responding to his piece will be Jarrod Wong (Pacific-McGeorge School of Law). Andrea K. Bjorklund (UC-Davis School of Law) and Daniel Litwin (McGill University) will also offer a joint response. Although this online symposium focuses on the pieces mentioned above, VJIL would like to bring attention to two additional Articles published in our third Issue. First, in her excellent Article, “Unwilling or Unable: Toward a Normative Framework...
10 Dec Symposium: A Duty to Prevent Genocide–Due Diligence Obligations among the P5 (Part One)
[Dr. John Heieck is a criminal defense lawyer in the US and an independent researcher of genocide and human rights studies.] Before I begin, I would like to thank Opinio Juris and the International Commission of Jurists for hosting this online symposium on my new book A Duty to Prevent Genocide: Due Diligence Obligations among the P5. I would also like to thank the preeminent scholars who agreed to not only read my book but also provide their respective analyses of what is an admittedly controversial position on the possible...
10 May New Technologies Symposium: Technology, Synergy, and Regulation
[This post is part of our New Technologies and the Law in War and Peace Symposium .] Technology advances through synergy. Breakthroughs in one area of technology spurs developments in others. Advances in materials science led to the miniaturization of electronic components. Miniaturization led to a revolution in the architecture of computers. From ENIAC to iPhones. The computer revolution led to a revolution in, well, just about every other area of technology. Advances in electronics, robotics, and computerization each affects space tech. And so on, across a complex web of...