Search: Affective Justice: Book Symposium: A Response
26 Apr Symposium on Boyd van Dijk’s Preparing for War: The Geneva Conventions and the Future of International Humanitarian Law
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...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...28 Jun YJIL Symposium: The Seal Products Dispute and the Boundaries of Trade Law
[Simon Lester is the President of WorldTradeLaw.net and a trade policy analyst at the Cato Institute.] 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. Over the past two decades, there has been an effort by many trade law academics and others to define the boundaries of international trade rules in a way that disciplines trade restrictions, while allowing sufficient policy space for governments to regulate in legitimate ways. Rob...
17 Apr ICC Prosecutor Symposium: “Mind the Gap”–Insights from Asia
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...18 May Symposium: Rule of Law, Internationally
level. Firstly, the article, in my view correctly, distinguishes the rule of law from “the existence of, and compliance with, substantive international law obligations” (p. 15). On that ground, it does not include “all human rights in the rule of law”. Later on, however, the definition of international rule of law provided does include “access to justice to protect human rights”. Why only access to justice to protect some substantive rights and not others? Does this definition not imply, contrary to the author’s earlier statements, that human rights are part...
07 Feb ICC and Palestine Symposium: Prosecuting Settlements as War Crimes and Crimes against Humanity–The ICC’s Jurisdiction over the Occupied Palestinian Territory
...the Wall, the International Court of Justice stated bluntly that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law.” (at para. 120) The ICC’s Jurisdiction over the Settlement Enterprise As the scope of the territorial jurisdiction of the ICC is the subject of other entries in this Symposium, and will soon be addressed at length by victims, States, and amicus curiae in response to the Request, this aspect of the Court’s jurisdiction will not be explored here. In any event,...
07 Oct Symposium on Gender Representation: Representation of Women at the International Law Commission
[Priya Pillai is a lawyer and international law specialist. She has worked at the International Federation of Red Cross and Red Crescent Societies (IFRC) headquarters in Geneva, at the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) and with various civil society organizations on implementation of international law.] This is an opportune moment to examine the representation of women (in an inclusive sense) in expert bodies or institutions. The basis for this symposium is the recent report by the Human Rights Council Advisory Committee on the current levels...
08 May New Technologies Symposium: Autonomous Weapons Systems– Why Keeping a ‘Human On the Loop’ Is Not Enough
[ Alejandro Chehtman is Professor of Law at Universidad Torcuato Di Tella. This post is part of our New Technologies and the Law in War and Peace Symposium .] In New Technologies and the Law in War and Peace (CUP, 2018), Bill Boothby and his colleagues have written an important collection of essays exploring the regulation of new weapons systems under both the ‘laws of wars and peace’. The book concentrates on a number of pressing issues, including cyber capabilities, autonomous weapons systems, military human enhancement, non-lethal weapons (which they call...17 May Symposium: The Rule of Law: Thick, But Not Too Thick?
appropriately reflected in law. Yet Dworkin’s view seems too expansive insofar as it equates the rule of law with justice generally, at least to the extent that the latter bears on law. This is because a venerable tradition of thought – one that includes Grotius, Hume, Kant and Mill – construes the concept of justice as picking out just those moral duties that have associated rights. Hence, the motivation to adopt a ‘thin’ account of the rule of law, one centring on a series of formal and procedural requirements, e.g....