Search: Affective Justice: Book Symposium: A Response
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...
08 May New Technologies Symposium: Human Enhancement Technologies and the Law in War and Peace
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...01 Apr HILJ Online Symposium: Justifying Unfriendly Unilateralism
[Tim Meyer is an Assistant Professor of Law at the University of Georgia 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. Monica Hakimi’s Unfriendly Unilateralism is a very welcome addition to the growing body of literature on international lawmaking. Hakimi’s basic claim is that states often act unilaterally in ways that prompt changes to international law. She defines unilateral action as that which takes place outside the confines of...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...
16 Apr ICC Prosecutor Symposium: The Next ICC Prosecutor Must Embody Integrity in the #MeToo Era
miss the symposium post at Justice in Conflict by Kate Gibson.] The ICC Prosecutor is first and foremost a leader, who needs to stimulate a work culture that empowers personnel in a safe and supportive environment – so that they can investigate and prosecute with excellence. Not only must the next ICC Prosecutor effectively tackle all forms of misconduct, they must also have a clean record. In December, the ICC Staff Union Council called on States Parties to give full meaning to the provisions on high moral character of elected...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....
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...
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...
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,...