Search: Affective Justice: Book Symposium: A Response

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...

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...

[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...

[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,...

[Jorge Peniche is an international lawyer specializing in transitional justice and accountability, with a focus on emerging settings. He is the Associate in Mexico at G37 Centre and an Associate Professor at Universidad Iberoamericana (Mexico), where he teaches on transitional justice, organized crime and security. He holds a Master of Laws from New York University.] Preludium: “I Want Consequences…” “I want consequences,” she told me. “Against whom?” I asked. “Against those most responsible… the system that allowed this to happen,” she concluded. It was a conversation I had with the...

book sets out an ambitious agenda – covering the role of new technologies not only in times of armed conflict, but also in civilian contexts. The underlying idea is explained in the book’s preface, namely to provide an inquiry into whether lessons can be learned in either realm for the other by examining modern technologies in these two quite different contexts. The editor realizes that a “blueprint that is capable of general application in all contexts” is too ambitious, but strives to nevertheless provide readers with “the relevant facts, rules and...

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...

law of armed conflict for those less familiar with this branch of international law. I want to focus on the book’s discussion of human enhancement. Broadly speaking, enhancement involves biomedical interventions to improve some human capability beyond what is necessary to achieve or sustain health. Or, as it is sometimes succinctly put, enhancement makes people better than well. Even in the specialised military context, enhancement encompasses a range of technologies, which this book covers in three separate chapters, written by three different authors. The first, Chapter 7 by Ioana Maria...

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...

[Rob McLaughlin is a Professor of Military Security Law and Director of the Australian Centre for the Study of Armed Conflict and Society at UNSW Canberra.This post is part of our New Technologies and the Law in War and Peace Symposium .] As Bill Boothby has observed in New Technologies and the Law in War and Peace, ‘It is…difficult to determine what the future seems likely to look like in terms of further technological evolution and in terms of changes in regulations and other legal and policy provision to address...

...that there is common ground between both prosecution and defence perspectives. Please don’t miss James A. Goldston’s post in the symposium at Justice in Conflict: Choosing the Next ICC Prosecutor—Lessons from the Past.] The public release of the names of several candidates vying for the position of ICC Prosecutor has triggered a significant amount of speculation and comment as to their suitability for what is arguably the most high-profile prosecutorial appointment in the world. This post will focus on the abstract qualities that should define this role, rather than the specific...

[William A. Schabas is a Professor of international law at Middlesex University London and Professor of international criminal law and human rights at Leiden University. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] For much of the first four decades of its history as an independent State, Sierra Leone was in a situation of great...