Search: Affective Justice: Book Symposium: A Response
06 Jul LJIL Symposium Vol 25-2: Beyond Constitutionalism – Pluralism’s Promise
[Nico Krisch, Professor of International Law, Hertie School of Governance; currently Visiting Professor of Law, Harvard Law School.] This post is part of the Leiden Journal of International Law Vol 25-2 symposium. Other posts in this series can be found in the related posts below. Tom de Boer’s review of my recent book, Beyond Constitutionalism: The Pluralist Structure of Postnational Law, presents not only a careful analysis, but also a direct challenge to its normative thrust. This gives me an opportunity to defend and clarify my views, and I am...29 Mar Symposium: Discussion of Osofsky’s “Climate Change Litigation as Pluralist Legal Dialogue?”
[John Knox is Professor of Law at Wake Forest University Law School and a discussant in the Opinio Juris Symposium] Hari’s paper describes the contributions law-and-geography and legal pluralism can make to understanding climate change litigation and, by extension, other important international problems. She contrasts this pluralist vision to a traditional view of international law, which is much more state-centric. Just how state-centric she sees it I found a bit unclear, but the gist seems to be that under the traditional approach, “formal nation-state consent” is necessary for the creation...29 Mar Symposium: Kontorovich Reply to Guzman
[Eugene Kontorovich is a Visiting Professor at Northwestern University Law School and a contributor to the Opinio Juris On-line Symposium] I would like the thank Peggy and the rest of the Opinio Jurists for providing this forum for the discussion of new work. I’m grateful to Andrew Guzman for providing comments, and even more grateful for providing charitable ones. Andrew’s comments raise several important issues about the paper and its limitations. 1. Multifactor tests. I never thought I’d be guilty of multi-factor tests, but Andrew has caught me red-handed. The...30 May VJIL Symposium: Andrew Lang Comments on “Carving Out Policy Autonomy for Developing Countries”
[Andrew Lang is a Senior Lecturer in Law at the London School of Economics and Political Science.] 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. It is a pleasure to be asked to comment on Alvaro’s most recent paper on ‘Carving out Policy Autonomy for Developing Countries in the World Trade Organization’. I spent a happy few hours reading and digesting the thoughts that Alvaro offers in this...29 Mar Symposium: Discussion of Kontorovich’s “Inefficient Customs in International Law”
[Andrew Guzman is Professor of Law at UC Berkeley, Boalt Hall and a discussant in the Opinio Juris On-line Symposium. He blogs regularly at the International Economic Law and Policy Blog] Eugene Kontorovich’s paper, Inefficient Customs in International Law is a welcome contribution to the growing analytical literature on customary international law (CIL). The question asked here is of obvious importance: are rules of CIL likely to be efficient? If the rules are efficient they improve overall welfare (however measured) and if not they reduce it. There remains a question...05 Jun Targeted Killings Symposium: John C. Dehn on Richard Meyer and Col. Maxwell on Status-Based Targeting
[John C. Dehn is a nonresident senior fellow in West Point’s Center for the Rule of Law. The views presented here are his personal views.] This post is part of the Targeted Killings Book Symposium. Other posts in this series can be found in the related posts below. Let me first congratulate Claire Finkelstein, Jens Ohlin, and Andy Altman for compiling wonderfully diverse thoughts on an intellectually rich topic. My only regret is that circumstances prevented me from contributing to it despite an invitation to do so. Colonel Maxwell’s chapter...07 Mar HILJ Symposium: Consent to the Use of Force, Jus Cogens, and Manifest Violations of Domestic Law
This post is part of the Harvard International Law Journal Volume 54(1) symposium. Other posts from this series can be found in the related posts below. In my previous response to Ashley Deeks’ article, “Consent to the Use of Force and the Supremacy of International Law,” I examined some of the practical, doctrinal, and systemic implications associated with Deeks’ challenge to international law supremacy. As I noted there, I do think the problem of unreconciled consent requires attention, if not a solution, in the use of force context. I would...
18 Apr Symposium on International Conflict and Security Law: A Research Handbook – The Extra-Legal Foundations of International Conflict and Security Law: the Importance of Identifying Globally Protected Goods and Collective Interests
[Emiliano J. Buis is Professor of Public International Law at the University of Buenos Aires (UBA) and at the Central University of the Province of Buenos Aires (UNICEN). He is also a Researcher at the National Research Council for Science and Technology (CONICET).] Introduction The monumental volumes entitled International Conflict and Security Law: A Research Handbook, edited by Sergey Sayapin, Rustam Atadjanov, Umesh Kadam, Gerhard Kemp, Nicolás Zambrana-Tévar and Noëlle Quénivet, are a unique example of collective scholarship. Not only does the book put together sixty-four chapters written by authors...04 Apr NYU JILP Symposium: How Much Weight Should Courts give to Defendants’ Rights in Determining Remedies for Prosecutorial Violations?
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...
22 Aug Symposium on The Sentimental Life of International Law: ‘The Sentimental Life of International Law’ Travels
[Immi Tallgren is docent of international law at the University of Helsinki, researching ICL, the history of international law and feminism. Her latest publication is Portraits of Women in International Law: New Names and Forgotten Faces (OUP 2023). ] I was thrilled to be invited to this symposium on Gerry Simpson’s The Sentimental Life of International Law (2022). My thrill soon turned to Angst. How to engage with a book like this, to live up to its dazzlingly fluid and distinctive style, its ‘mixology-of-several-disciplines-on-ice’ methodology, and its charismatic author, an...