Search: Affective Justice: Book Symposium: A Response
20 Sep Organizing Rebellion Symposium: Context or Abstract? A Victim-Centric Approach to Understanding Key Elements of Crimes Against Humanity
The latest contribution in our Organizing Rebellion symposium together with Armed Groups and International Law is up now at AGIL, entitled “Context or Abstract? A Victim-Centric Approach to Understanding Key Elements of Crimes Against Humanity” by Adejoké Babington-Ashaye. Have a look here!...05 Mar HILJ Symposium: International Versus Domestic Law: Supremacy, Surrender, or Co-existence?
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. Ashley Deeks’ Article, “Consent to the Use of Force and International Law Supremacy,” is a deeply provocative and thoughtful work that makes two very important contributions to international legal scholarship. First, she exposes and explores a latent ambiguity in the role consent plays in the use of force context. Second, and more ambitiously, Deeks proposes invalidating consensual agreements to uses of force (and other...
01 Nov Symposium on the ECCC: The Healing of Survivors of the Khmer Rouge Tribunal – Reflection and Recommendation From a Cambodian Psychologist
...others who may include psychiatrists, medical doctors, religious healers, family members and the community, and includes institutional supports like legal and social support measures if needed. The approach is often to start with small things. And the small things make a big difference. Healing is Important In my experience from the beginning of my engagement with the justice and healing of survivors through ECCC process, I have successfully tried many approaches where people can find those healing approaches through books, documentation and documentaries about judicial and non-judicial reparation projects. One...05 Mar HILJ Symposium: Constraining Language Through Culture
[Efrat Arbel holds an SJD form Harvard Law School and is a postdoctoral fellow at the University of British Columbia Faculty of 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. Moria Paz’s article, “The Failed Promise of Language Rights: A Critique of the International Language Rights Regime,” is an important contribution to the literature on language rights. Paz advances a timely and insightful critique of judicial and scholarly treatments of language...29 Mar Symposium Paper 3: Legislator of Last Resort: The Security Council’s Emerging Role in WMD Proliferation Crises
Abstract The questions asked by the organizers of this symposium on recent challenges facing public international law—whether international law is “too weak to make a difference” or whether its institutions are “invasive to the point of being undemocratic”— and the specific challenges mentioned by way of example (“terrorism, hegemony, illegitimacy”) all converge in the topic of this paper: an inquiry into the proper role of the Security Council in addressing ongoing nuclear, biological, and chemical proliferation crises. Put simply, the challenge of bringing WMD proliferation under control is complicated by...
02 Nov Symposium on the ECCC: Forced Marriage in the ECCC
...symposium reflects on the ECCC’s trials, tribulations, and legacy. In this post, Melanie O’Brien analyses the ECCC’s approach to prosecuting forced marriage, and rape in forced marriage, during the Khmer Rouge period. [ Melanie O’Brien is Associate Professor of International Law at the University of Western Australia and President of the International Association of Genocide Scholars .] Forced Marriage under the Khmer Rouge One of the main policies of the 1975–1979 communist Khmer Rouge regime was to increase the population of Cambodia (then known as Democratic Kampuchea). As part of...17 Sep IL/IR Symposium: Flexibility in International Agreements
[Larry Helfer is the Harry R. Chadwick, Sr. Professor of Law Professor of Law at Duke University School of Law] I am delighted to participate in this Opinio Juris book symposium on Jeff Dunoff and Mark Pollack’s excellent edited volume. My chapter on “Flexibility in International Agreements” was improved by their many helpful comments and suggestions. This brief post summarizes a few of the chapter’s major themes. Citations to all references can be found in the online and print versions of the chapter. Government officials, international lawyers, and diplomats have...05 Jun Targeted Killings Symposium: Richard Meyer Comments on Col. Maxwell’s “Rebutting the Civilian Presumption: Playing Whack-A-Mole Without a Mallet?”
[Richard Meyer is Director, LLM Program, at the Mississippi College School of Law.] This post is part of the Targeted Killings Book Symposium. Other posts in this series can be found in the related posts below. In his chapter in Targeted Killings, Col. Mark “Max” Maxwell sets out to solve the gaps left by the ICRC guidance concerning continuous combat function. His proposal attempts to analogize the terrorist organization to the traditional state and, as a result, find that members of their military arm be treated just like those of...04 Apr HILJ Online Symposium: Suzanne Katzenstein Responds to Karen J. Alter
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....28 Jun YJIL Symposium: Non-Instrumental Public Morals Justification of Trade Restrictions: A Comment on Howse and Langille
[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...