Search: Affective Justice: Book Symposium: A Response
26 Jan A Response to Mark Wu by Scott Kennedy
[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...01 Nov Chevron and the Rise of Arbitral Power: A Response
[Michael D. Goldhaber serves as Senior International Correspondent and “The Global Lawyer” columnist for The American Lawyer and the ALM media group. His writes widely on human rights and corporate accountability, international arbitration, and global multiforum disputes. His e-book on Chevron will be published next year by Amazon. His first post can be found here.] I’m grateful for the very gracious and insightful comments shared by the eminent arbitrator Christoph Schreuer, the scourge of eminent arbitrators Muthucumaraswamy Sornarjah, and the wunderkind of arbitration scholarship, Anthea Roberts. Having solicited a wide...13 Feb Why Isn’t There More Soft Law? A Response to Raustiala
In How International Law Works I grapple with the question of how states make the trade-off among the various features of agreements, including hard and soft law. I am not sure I agree that Kal’s empirical puzzle actually exists, but let’s assume it does and see why that might be so. A very similar question is discussed in the book – why are dispute resolution procedures almost never used in soft law agreements? The argument in the book (pp. 157-161) is very close to what follows. One possible explanation for...
06 Apr COVID-19 Symposium: Human Rights in the Time of COVID-19–Front and Centre
...background, the aim of this blog is to highlight the necessity of ensuring the consistency of public health policies taken as part of the global responses to the COVID-19 pandemic with human rights law and standards. As outlined in a prescient 2019 Lancet Commission report – The legal determinants of health: harnessing the power of law for global health and sustainable development – the law, and a firm commitment to the rule of law, play a critical role in the pursuit of global health with justice. Ultimately, scientifically sound, evidence-based,...15 Apr Alexander Sack and Odious Debts: A Response to Ludington and Gulati
I am very grateful to Professors Mitu Gulati and Sarah Ludington for the wealth of information they have gathered about the life of Alexander Sack, the Russian legal scholar who penned the doctrine of odious debts, in their article “A Convenient Untruth: Fact and Fantasy in the Doctrine of Odious Debts.” I have taken note of the authors’ view that an inadvertent error was made by Michael Hoeflich, whom I cited in my book, Odious Debts: Loose Lending, Corruption and the Third World’s Environmental Legacy. I will amend the online...02 Jul A Response to Galit Sarfaty
...the two requirements of CIL. On the other hand, a vague definition runs the risk of being empty rhetoric that does not require the World Bank to do much of anything, let alone out of a sense of legal obligation. Sarfaty concludes her response by asking whether one should distinguish between legal internalization and social or political internalization. My answer, both here and in the article, is an emphatic “yes,” and the current requirements of CIL provide the place for us to look to discern whether a moral norm has...25 Nov Response by Professor Ann Bartow, “Obscenity and Community Standards”
...spread of sexually transmitted diseases including HIV due to widespread demands for unsafe sex practices during pornography production are not discussed by Boyce. Nor are the high rates of substance abuse and suicide among performers. He does not engage with any of the scholarly work on this subject at all, nor even the cultural evidence (he could have consulted one of a number of scholarly works, including Sheila Jeffrey’s new book, The Industrial Vagina ). The late (and much missed) David Foster Wallace devoted a chapter of his book Consider...08 Oct Guest Post: On ‘Humanitarian Intervention’, ‘Lawmaking’ Moments and What the ‘Law Ought to Be’–Counseling Caution Against a New ‘Affirmative Defense to Art. 2 (4)’ After Syria
[Carsten Stahn is Professor of International Criminal Law and Global Justice at Leiden University and Programme Director of the Grotius Centre for International Legal Studies. He is Co-Editor-in-Chief of the Leiden Journal of International Law, Executive Editor of the Criminal Law Forum and project leader of the Jus Post Bellum Project.] Harold Koh’s thought-provoking post on Just Security on ‘Syria and the Law of Humanitarian Intervention – Part II’ illustrates the struggles of international law to cope with injustices and violations of legal norms, including the ban of the prohibition...
11 Feb No, Russia Can (Still) Not be Removed From the UN Security Council: A Response to Thomas Grant and Others: Part Two
...in response to its policy of apartheid, is more controversial: the leading handbook of Schermers and Blokker points out that such a de facto suspension or expulsion would amount to “an illegal circumvention of special procedures such as those laid down in Articles 5 and 6 of the Charter” – action by the General Assembly upon the recommendation of the Security Council – and would arguably be ultra vires (para. 263). The decision to exclude South Africa from the work of the General Assembly clearly rested upon political support, but...03 May Hamdan, the ICRC Commentary to Protocol II, and Conflict Party Structure: A Response
...courts read that as meaning consequential damages are included and others read the fact that consequential damages is excluded from the litany of possible damages as meaning that consequential damages are not available to a seller. Both judges would look at the same text and say this is what they mean. Whether that is using the law as a means to an end can be discussed. I think that where the judge is seeking justice is not such a bad thing. I sensed that Stevens was seeking justice. Best, Ben...