Search: Affective Justice: Book Symposium: A Response

[ Mark A. Drumbl is Class of 1975 Alumni Professor of Law & Director of the Transnational Law Institute, Washington and Lee University School of Law] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. International criminal law reclines upon simple binaries: good/evil – for instance – as well as authority/helplessness and perpetrator/victim. Victims, however, can victimize. And, correlatively, perpetrators can both kill and save at the same time. Perpetrators may do...

[Sungjoon Cho is currently a Visiting Professor of Law at Northwestern University School of Law. He is also Professor of Law and Norman and Edna Freehling Scholar, Chicago-Kent College of Law.] 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. Thank you to Opinio Juris and the Virginia Journal of International Law (VJIL) for putting together this discussion on my recent VJIL Article – “Beyond Rationality: A Sociological...

[Andreas Føllesdal is Professor at Norwegian Centre for Human Rights, University of Oslo] This post is part of our symposium on the latest issue of the Leiden Journal of International Law. Other posts in this series can be found in the related posts below. The expansive growth and influence of international courts, tribunals, and quasi-judicial bodies (ICTs) fuels well deserved interest across disciplines far beyond public international law, including political science and political philosophy. How are we to describe, explain, and assess this partial abdication of sovereignty by the main...

[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,...

writes that “[i]f promoting a fair trial and spreading a culture of procedural fairness were the only goals of international criminal justice, then the absolutist approach to remedies might well be the optimal one.” I would not go so far. Promoting global norms, including those pertaining to the rights of criminal defendants, is not the only goal of international criminal justice. Nonetheless, I would generally prefer to see international courts privilege that goal over the other goals Professor Turner discusses. As such, while I agree with Professor Turner that a...

This post looks at some of the issues and lessons that will impact the new prosecutor, emanating from the few situations related to Asia – a region that is often overlooked in the context of international justice. Other posts in our symposium have gone into details of the prosecutor’s position, responsibilities and qualifications. In this, I take a step back from the minutiae, and look at some of the larger conundrums that will face the new prosecutor, focusing on three aspects brought into sharp relief when viewing Asia and its...

Over the coming five days, we are happy to host a book symposium on Boyd van Dijk’s new book, Preparing for War: The Making of the Geneva Conventions, published by Oxford University Press. In addition to comments from van Dijk himself, we have the honor to hear from this list of renowned scholars and practitioners: Eyal Benvenisti, Andrew Clapham, Doreen Lustig, Katharine Fortin, Karin Loevy and Alonso Gurmendi. From the publisher: “The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue...

Peter Spiro and Dan Bodansky at the University of Georgia Law School are hosting a symposium this weekend to discuss and critique Jack Goldsmith and Eric Posner’s informative and provocative book, The Limits of International Law. I discussed the book’s central thesis — that international law is merely a reflection of states acting rationally to pursue their interests in relation with other states — in an earlier post. In addition to Goldsmith and Posner, papers are being presented by Philippe Sands (London), David Golove (NYU), Kal Raustiala (UCLA), Andrew Guzman...

...very well. In my symposium contribution, which draws on my other work on reputation as a disciplinarian of international organizations, I seek to explain why. In this post, I focus on two key elements. First, reputation will function as a less effective disciplinarian when the facts are murky. This feature of reputation creates a troubling incentive: organizations may be tempted to preserve good reputations by preventing the release of damaging information. The more control that organizations have over the release of damaging information, the greater their capacity to protect their...

Albany Law Review sponsored a symposium today on the topic of “Outsourcing Authority: Citation to Foreign Court Precedent in Domestic Jurisprudence.” It included a number of speakers, including Ken Kersch, Susan Karamanian, John McGinnis, John Baker, Mark Tushnet and yours truly. Wonderful debate about Roper v. Simmons, Lawrence v. Texas, Charming Betsy and the general trend toward citation of foreign and international authority. The most revealing comment came from Mark Tushnet on the subject of constitutional comparativism. He said, “If contemporary U.S. liberals have gotten off the rails they should...

I’m at Harvard Law School today for a symposium, Cybersecurity: Law, Privacy, and Warfare in a Digital World. I’ll be talking about my e-SOS paper, how international law deals with cyberthreats, and ways it could do a better job. Anyone who’s interested can watch the proceedings; it’s being live web-cast here. I wanted to flag a fascinating debate over the future of the Internet that just occurred between HLS Professor Jonathan Zittrain and Stewart Baker. Baker, of Volokh fame, is well known for flagging the great potential of cyberthreats to...