Search: Affective Justice: Book Symposium: A Response
10 Jan Somalia and Self-Defense — “The Lawyers Always Ask For Details”
...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...27 Jan In Defense of Minimalism: A Response to Vlad Perju
[Dr. Oliver Gerstenberg is Reader in Law at the University of Leeds. Dr. Gerstenberg is one of the leading scholars in this field.] Would the European Court of Justice (ECJ), as Vlad Perju suggests, benefit from a “discursive turn” (338); brought about by “allow[ing] its members to enter separate opinions” (309); in an effort to “politicize” EU law (327)—with the long-term objective of “enhanc[ing] the citizenry’s sense of a shared political identity” (329)? Consider some background: The ECJ is primarily an economic court. Yet its role has changed dramatically. Drawing...04 Nov A Response to Mark Drumbl
if viewed as a general normative framework for evaluating state responses to mass atrocity. I nevertheless reluctantly endorse Moreno-Ocampo’s insistence on traditional prosecutions for the accused because I am skeptical of the ICC’s ability to safeguard its legitimacy while making the kinds of judgments that Mark’s approach demands. In other words, my position hinges on distinguishing the specific institutional setting of the ICC from a general normative framework for transitional justice. To elaborate on the source of my unease, I proceed from the realization that legal responses to mass atrocity...18 May A Response to Jean d’Aspremont by Brad Roth
Jean d’Aspremont’s supremely kind comments on my article require little response other than an expression of appreciation. Jean’s knowledge in this field is second to none, and the differences in our perceptions of these topics are minute. But it is, perhaps, worth clarifying my position on the recognition of coup regimes and the question of a democratic entitlement in international law. There is no question that the international order has departed from the strict anti-interventionism that underlies what I have termed ‘the effective control doctrine’. Coups against ‘freely and...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...15 Apr A Response to Ingrid Wuerth
Many thanks to Ingrid Wuerth for her thoughtful response to my Article. I agree with Ingrid that the importance of maintaining a uniform international standard in the interpretation of incorporative statutes may be especially salient in the context of treaties, like the Hague Rules, that address coordination problems. I disagree, however, that the borrowed treaty rule is of little salience in the context of human rights treaties that seek to establish minimum international standards. An international standard contained in a human rights treaty is typically invoked by domestic litigants only...
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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