Search: Affective Justice: Book Symposium: A Response
11 Mar Obama’s Pitiful Response to the Darfur Crisis
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...
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...12 Feb Rational Choice and Broader Conceptions of International Law, A Response to Jeff Dunoff
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...04 Nov A Response to Sasha Greenawalt by Mark A. Drumbl
[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...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...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...