In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

25 Jul

...Contemporary Jerusalem. Princeton, NJ: Princeton University Press, 1991. *Rose, John. The Myths of Zionism. London: Pluto Press, 2004. *Saad-Ghorayeb, Amal. Hizbu’llah: Politics and Religion. London: Pluto Press, 2002. *Said, Edward W. The Question of Palestine. New York: Vintage Books, 1979. *Said, Edward W. The End of the Peace Process: Oslo and After. New York: Vintage Books, 2001 ed. *Said, Edward W. and Christopher Hitchens, eds. Blaming the Victims: Spurious Scholarship and the Palestinian Question. London: Verso, 1988. *Sayigh, Yezid. Armed Struggle and the Search for State: The Palestinian National Movement,...
25.07.08 | |

11 Mar

Although Julian and I continue to disagree about the merits of the arrest warrant against Bashir, we agree on one thing: Obama’s response to the expulsion of the humanitarian-aid groups has been appallingly weak. I’m not surprised — I never bought into the cult of Obama, particularly its naive belief that his foreign policy and national-security policy would be fundamentally different than Bush’s — but I am still disappointed. I had intended to write a longer post criticizing Obama’s inaction on Darfur, but I don’t think I can put it...
11.03.09 | |

22 Oct

Kevin and I have still never met in person, but we’ve already had our first twitter encounter last week on the legality of a U.S. military response to the attacks that killed the U.S. Ambassador in Libya (as well as three other Americans). Although the news reports on the attacks are not exactly clear, some have suggested that there is no Al Qaeda link to the groups behind the Benghazi attacks. This does suggest a new wrinkle to the legal analysis of any U.S. military response. First, under domestic American...
22.10.12 | |

01 Jun

and curtailing public health emergencies, culminating in the failures in the COVID-19 response. Findings from all three of these reports converge on the role of early and decisive action at the outset of an outbreak to strengthen robust responses to pandemic threats. On this point, criticism is rightly addressed at both the substance and implementation of the International Health Regulations (IHR). Despite their relatively recent revisions in 2005, under a similar but less amplified moment of crisis in the aftermath of SARS, the IHR have come under scrutiny inter alia...
01.06.21 | , , , and |

09 Jul

I thank Kevin for his extensive and thoughtful response to my post. You touched on many issues which I hope to address systematically in subsequent posts, such as the illegality of the settlers presence. I’m going to try to avoid getting into those issues right now, since this post (like yours before it) is already quite long. I apologize in advance for typos. Two points of clarification. What prompted my post is a comment by Sen. Mitchell that the administration wants to see a freeze in settlement growth as measured...
09.07.09 | |

15 Dec

The West has shown an impressive display of shock and disgust in response to Ahmadinejad’s remarks yesterday that the Holocaust is a myth. But as reported here, the silence from the Arab world has been deafening. “While official Arab reaction in such cases is usually slower than international reaction, any issue involving a defense of Israel is a thorny one for Arab governments, who risk appearing to side with Israel against a Muslim nation.” Why is an admission that the Holocaust actually occurred and that millions of Jews actually were...
15.12.05 | |

21 Jun

...Authority (ISA) regulations, and effectively veto ISA financial plans with which the United States disagrees. U.S. acceptance of the LOS Convention would also help assure certainty and stability with respect to the extended continental shelf beyond 200 nautical miles from baselines. In response to my earlier post Mr. Groves focused on continental shelf resources, and my comment today explores continental shelf issues. When we consider oil and gas activities on the continental shelf, it is important to distinguish between, on the one hand, continental shelf boundary delimitations between neighboring states...
21.06.12 | |

12 Feb

Thank to Jeff for this thought provoking comment and his kind words about my book. I am not sure that my response addresses all his concerns, but I hope it at least speaks to some of them! Let me first state that while I agree with much of what Jeff has stated in his post, I do not agree when he says that my conception of compliance presupposes a particular understanding of international law. My book’s central focus is an attempt to explain how a rule of international law can...
12.02.08 | |

02 Mar

...the actions taken in self-defense to a series of wrongful acts should not be judged through the limited scope of an immediate response to an isolated attack; rather, the actions should be viewed as a response to the total consequences. For Israel’s claim, the Security Council refused to aggregate the PLO’s series of attacks and deemed Israel’s actions to be in violation of international law. Conducting a strict reading of the language of Article 51, the Security Council could only scrutinize Israeli action taken in response to particularized attacks by...
02.03.23 | |

10 Jan

...to the ongoing investigations in Kenya, Tanzania and the United States to apprehend the perpetrators of these cowardly criminal acts and to bring them swiftly to justice.” But I doubt that “justice” necessarily equates to gunship attacks. And, given that the U.S. explanation seems keyed to the 1998 attacks, I wonder whether that precludes the United States from relying on any later U.N. Security Council resolutions that might have broader language with respect to authorizing the use of force to combat terrorism. And what of self-defense? Certainly, the United States...
10.01.07 | |

04 Nov

[Mark A. Drumbl is a Professor at Washington and Lee University School of Law] In Complementarity in Crisis: Uganda, Alternative Justice, and the International Criminal Court, Professor Alexander Greenawalt strikes a cautionary note. He underscores that the ICC cannot on its own effectively serve transitional justice interests. It needs help. In the end, Sasha concludes that “the Ugandan peace process reveals the [ICC] to be a promising but unstable institution, one whose legitimacy may ironically depend on help from external stakeholders, including the very political actor – the UN Security...
04.11.09 | |

26 Jan

[Scott Kennedy, associate professor of Political Science and East Asian Languages & Cultures and director of the Research Center for Chinese Politics & Business at Indiana University, responds to Mark Wu, Antidumping in Asia’s Emerging Giants. This post is part of the Third Harvard International Law Journal/Opinio Juris Symposium.] Antidumping: Less Change than Meets the Eye Mark Wu’s article, “Antidumping in Asia’s Emerging Giants,” is an impressive piece of scholarship and deserves widespread attention. He analyzes how an already controversial element of the trading system, the antidumping regime, has become...
26.01.12 | |