Search: Affective Justice: Book Symposium: A Response
17 May Book Discussion “Outsourcing War and Peace”: Too Much Jurisdiction? – Contractor Liability After Brehm and Ali
[Steve Vladeck is Professor of Law and Associate Dean for Scholarship at American University Washington College of Law.] This is the third day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. One needn’t look far for proof that the issues raised by Laura Dickinson’s Outsourcing War and Peace with regard to the absence of liability for military contractors are at the forefront of contemporary law and policy. If...
15 Jul Intervention in Civil Wars and the Dangers of Legitimacy
a chaotic fashion, hence making it nearly impossible to discern the current legal framework regulating these instances, at a closer look patters emerge. Notably, the analysis conducted in my book has identified that, while the effectiveness doctrine no longer reflects the current legal framework, legitimacy is emerging as a possible alternative with regard to interventions in favour of governments and rebels alike. Specifically, the pattern suggests that human rights are being used as a parameter of legitimacy. As highlighted by the contributions to this symposium, discussions on foreign interventions trigger...
14 Jul Intervention in Civil Wars Symposium: Representatives of their Own Peoples–From National Liberation Movements to Opposition Groups
book is divided into three main parts looking at the evolution of the notions of sovereignty, intervention, and human rights (Part I), the interventions in favour of governments (Part II), and the interventions in favour of opposition groups (Part III). Since my area of research has focused on armed opposition groups, I am going to restrict my comments to some of the questions discussed in Part III of the book. One particular issue I find fascinating is the examination of the legitimacy of rebels in international law (in Chapter 6)....20 Oct Kim Priemel, “The Betrayal: The Nuremberg Trials and German Divergence”
as well as most legal scholars. The book also does something almost unprecedented: tell the story of the IMT and NMTs together, which is necessary for understanding both. The book’s only competitor in that regard is Telford Taylor’s wonderful book The Anatomy of the Nuremberg Trials: A Personal Memoir — but Taylor’s book is, as the title indicates, a memoir, not an “objective” legal history. Anyone interested in Nuremberg, international criminal law, or transitional justice will want to pick up a copy of The Betrayal. To appropriate Larry Solum: read...
02 Mar Deterring the Next Invasion: Applying the Accumulation of Events Theory to Cyberspace
...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...21 Jun UNCLOS and the Continental Shelf: A Response to Steven Groves
...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...22 Oct The U.S. Can “Drone” the Benghazi Perpetrators, Even If They Are Not Linked to Al Qaeda
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...15 Dec Arab Silence in Response to Ahmadinejad’s Remarks
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...09 Jul Response to Kevin and commenters
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...
01 Jun Reshaping Global Health Law in the Wake of COVID-19 to Uphold Human Rights
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
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Roojin Habibi, Timothy Fish Hodgson, Benjamin Mason Meier, Ian Seiderman and Steven Hoffman
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