Search: Affective Justice: Book Symposium: A Response
01 Nov Third Annual Symposium on Pop Culture and International Law: Judgment at Nuremberg – Capturing the Complexities of Mass Atrocity Trials on Film
...(1980, dir. Bruce Beresford), focus on the pressures faced by soldiers can cause them to commit war crimes as well as the kaleidoscope of perspectives on justice that swirl around warfare; others, like Argentina, 1985 (2022, dir. Santiago Mitre), explore how political and social forces can shape a country’s efforts to hold to its own leaders accountable. For this symposium, I’ve chosen to focus on Judgment at Nuremberg (1961), a film that, despite its age, powerfully highlights many of the nuances and complexities surrounding the trial of mass atrocities. Judgment...26 Jun YJIL Symposium: Human Rights and Climate Change Adaptation at the international Level
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. [Bonnie Docherty is a lecturer on law and senior clinical instructor in the Harvard Law School International Human Rights Clinic. Tyler Giannini is a clinical professor and clinical director of the Harvard Law School Human Rights Program.] In their thought-provoking article “Avoiding Apartheid: Climate Change Adaptation and Human Rights Law,” Margaux Hall and David Weiss argue that human rights law has...
06 May Symposium: New Technologies and the Law in War and Peace
This week, we are hosting another book symposium on Opinio Juris. This time, we feature a discussion of William Boothby’s new book, New Technologies and the Law in War and Peace, published by Cambridge University Press. In addition to comments from William himself, we have the honor to hear from a list of renowned scholars and practitioners: Kobi Leins, Robert McLaughlin, Melissa de Zwart, Alejandro Chehtman, Rain Liivoja, Markus Wagner, Cassandra Steer, Rasha Abdul Rahim and Opinio Juris’ own Emeritus contributor, Chris Borgen. From the publisher: Policymakers, legislators, scientists, thinkers,...27 Sep HILJ Symposium: A Commentary on Ozan Varol’s “The Democratic Coup d’Etat”
[Brad Roth is Professor of Political Science & Law at Wayne State University.] This post is part of the Harvard International Law Journal Volume 53(2) symposium. Other posts in this series can be found in the related posts below. Ozan Varol’s article, “The Democratic Coup d’Etat,” performs a crucial service in reorienting assessments of extra-constitutional changes in government so as to emphasize substance over form. He refutes the commonplace idea – most recently championed by Richard Albert – that coups are inherently and inevitably undemocratic and illegitimate, “Democratic Revolutions,” forthcoming...21 Jan International Law as Behavior Symposium: Playing the Negotiated Choice Architecture Game – Negative/Positive Listing in Services Trade Agreements
...of quantitative research that opt-in/opt-out provisions in treaties have significantly differential effects on subsequent choices. In a paper I am writing with Dr. Shai Moses (a former negotiator and affiliated with the Université de Genève) for a forthcoming handbook on trade in services (edited by Martin Roy and Pierre Sauvé), we explore the behavioral dynamics of negotiated choice architecture in the context of international services trade liberalization, and in particular in the ongoing negotiations towards a plurilateral Trade in Services Agreement (TiSA). Here are some of our initial observations on...16 May Symposium: Defining the International Rule of Law–Defying Gravity?
This week, we are hosting a symposium on Defining the International Rule of Law: Defying Gravity?, (free access for six months) the latest article from Robert McCorquodale, the Director of the British Institute of International and Comparative Law, Professor of International Law and Human Rights, University of Nottingham, and Barrister, Brick Court Chambers, London. The article was recently published in the International and Comparative Law Quarterly. The article’s abstract: This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives...02 Apr HILJ Online Symposium: Is There Really Judgment Arbitrage?
[Christopher A. Whytock is a Professor of Law and Political Science, University of California, Irvine, School of Law.] 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. In Ending Judgment Arbitrage, Professor Shill claims that non-U.S. plaintiffs “routinely” practice a three-step strategy called “judgment arbitrage”: (1) selection of a foreign country to litigate the merits and obtain a favorable judgment; (2) selection of a “receptive” U.S. state to obtain judicial recognition of the...16 May Symposium: Defining the Rule of Law
terms of the four objectives of a rule of law: to uphold legal order and stability; to provide equality of application of law; to enable access to justice for human rights; and to settle disputes before an independent legal body. I explain in the article that these objectives can be found in the international system. I include access to justice for human rights deliberately, because a rule of law without this justice element is a rule by laws and not a rule of law. The protection of human rights should...28 Jun YJIL Symposium: Introducing Permitting Pluralism
Robert Howse is the Lloyd C. Nelson Professor of International Law at New York University School of Law. Joanna Langille is a 2011 graduate of New York University Law School.] 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. Our article examines the extent to which countries can use animal welfare concerns to justify placing restrictions on international trade, under the law of the World Trade Organization (WTO). We argue...