Search: Affective Justice: Book Symposium: A Response

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...

...for an internationally wrongful act. In response, some have proposed stretching the law of superior/command responsibility to criminalize negligence by commanders, procurers, and others involved in the design and deployment of AI-enabled weapon systems, but this is a misguided and insufficient response. (Misguided because it threatens to further delegitimize international criminal law, insufficient because it would still not address all unintended civilian harms.) When civilians suffer the horrific consequences of armed conflict, they deserve redress. But neither international criminal law nor state responsibility provides any form of remedy when civilian...

[William Boothby is an Adjunct Professor of Law at La Trobe University, Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium.] That the pace of technological advance has quickened markedly in recent years is well recognised.  That the law struggles to keep up is frequently pointed out.  Rather than wring one’s hands and blame whose responsibility it is to make the law, it is interesting in a more positive sense to look at the initiatives that are under way or that seem...

...but maybe IHL has a little hesitancy to give sufficient credibility to those statements of one or the other side of the forces. What about alternative methods like a bullhorn. The suspected Palestinian militant once on notice has any of a number of responses available in either case including trying to hold everyone in the building hostage to raise the civilian cost of the military operation in the form of collateral damage. I am just not convinced that the technique suggested protects civilians in a better way than the rule...

[Robert Howse is the Lloyd C. Nelson Professor of International Law at the New York University School 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. The Article by Shaffer and Trachtman is a tour de force: it identifies and explains many of the most important interpretative choices that panels and the Appellate Body have made in adjudicating disputes under WTO law, and speculates on the...

[Marty Lederman is a Professor at Georgetown Law School and former Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel from 2009 to 2010, and an Attorney Advisor in OLC from 1994-2002] Most of the participants in this Insta-Symposium, and in earlier OJ posts, have understandably focused their attention on the question of whether a U.S. military strike on Syria would violate the U.N. Charter. I’ll address that question in a subsequent post, in the context of some remarks on the forthcoming congressional debate. But before...

So far, the 2020s have been a great decade for books on the history of international humanitarian law. 2020 saw the publication of Giovani Mantilla’s exceptional Lawmaking Under Pressure , on the history of Common Article 3; 2021 gave us Samuel Moyn’s Humane , a powerful critique on the idea that war can be humanised; and now 2022 starts off with Boyd van Dijk’s Preparing for War . I am extremely happy that we are showcasing his book in this symposium, as I am convinced it is an immediate must-read...

...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...

...August, 2021 on the acceptance of which, full papers shall be submitted by 11:59 PM on 30th November, 2021 (tentatively). All extended abstract submissions must be made through this form by  11:59 PM (Indian Standard Time) on 31st August, 2021. Authors are requested to visit the official website of the Journal for the detailed submission guidelines. In case of any queries, the editorial board can be reached at itlj[at]nliu[dot]ac[dot]in.  GoJIL Symposium – “Does the Exception Swallow the Rule?: The Compulsory Settlement of EEZ Fisheries Disputes under Part XV of UNCLOS”: On 26 August, a GoJIL symposium will be held on the...

This week we’re hosting a symposium on both lead articles in the October 2013 edition of the American Journal of International Law. Today and tomorrow, Kofi Kufuor, Solomon Ebobrah and Horace Adjolohoun discuss “A New International Human Rights Court for West Africa: The ECOWAS Community Court of Justice” by Karen Alter, Larry Helfer and Jacqueline McAllister: The Court of Justice for the Economic Community of West African States has been transformed from an interstate tribunal for resolving disputes over ECOWAS economic rules into a court with far-reaching human rights jurisdiction....

declared sexual and gender-based violence a national emergency and this year an initiative has been launched, setting up special courts for rape cases by the Chief Justice. The SCSL’s deliberations, conclusions and judgments on gender-based crimes will serve the country at this critical juncture and Professor Jalloh’s book is to be highly commended for making this possible by documenting the SCSL’s legacy so well. Through this monograph, which now becomes the leading such work on the SCSL, Professor Jalloh has – much as he suggested in relation to the tribunal...

[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,...