Search: Affective Justice: Book Symposium: A Response

...question for each reader of the article to judge. This being said, I would vigorously defend my emphasis on the failures of the Basel Committee. I would do so in light both of the disagreements of the 1990s and of the Committee’s resolute insistence, throughout the 2000s, in going forward with a capital adequacy model that is now widely regarded as theoretically flawed and overly responsive to the banks’ preferences. For more detail, I highly recommend Daniel Tarullo’s recent book on Basel II. Second, David raises the crucial question of...

[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...

terms of Article 36 of 1977 Additional Protocol I. OFFICIAL WHITE HOUSE RESPONSE TO: Secure resources and funding, and begin construction of a Death Star by 2016. This Isn’t the Petition Response You’re Looking For By Paul Shawcross The Administration shares your desire for job creation and a strong national defense, but a Death Star isn’t on the horizon. Here are a few reasons: The construction of the Death Star has been estimated to cost more than 850,000,000,000,000,000. We’re working hard to reduce the deficit, not expand it. The Administration...

...in response to Israel’s occupation policies. But the Dáil motion’s purposeful use of “de facto annexation” to describe Israeli activities is notable. This is not simply because the Dáil’s framing made Ireland the first state to declare that Israel has annexed territory otherwise understood as occupied. The conceptual shift that informed the Irish pronouncement finds its antecedents in the International Court of Justice’s Wall Opinion which described the construction of a separation barrier as amounting to a fait accompli that threatened permanence and would thus constitute de facto annexation. More...

armed conflict without taking into account the comparative justness of their causes. Consider the distributive-justice rationale for CDRs. Blum says that “[i]n transposing distributive justice arguments onto war, the question arises whether the general moral obligations that are owed by one society to another endure when the two societies are at war.” How can that question be answered without considering whether one party to the conflict is an aggressor and one is simply defending itself? As far as I can tell, there is no coherent normative rationale for assuming that...

The United Nations Team of Experts on the Rule of Law and Sexual Violence in Conflict and its partners launched in July 2020 a series of webinars, the Digital Dialogue Series . It is designed to allow academics, policymakers and practitioners to have open discussions, provoke critical reflections, and hopefully inspire a community of practice for the delivery of truly accessible and effective survivor-centered justice. On 17 November 2020, the fourth Digital Dialogue focused on the justice response to sexual violence committed in the Central African Republic (CAR) , and...

...imagine it to be but does not reflect what CIL is “as a real-world sociological phenomenon.”  Accurately understood, CIL is more unstable, fragmentary and disorderly than any rulebook would be.   In the everyday practice of international law, she tells us, CIL “looks nothing like the rulebook conception.” It does not derive from intelligible and generally applicable secondary rules but instead emerges more organically, through an unstructured and “heterarchical” process in which the participants apply variable criteria to justify their normative positions in CIL.  Its content is neither fixed nor...

...capital markets. It is also important to note that they provide an analytical framework for analyzing different modes of business law reform in general, from the perspective of demand- and supply-side factors, which could be applied to a wide range of legal reforms. The article starts by raising a good question of why the regulatory responses to hostile takeovers are very different among the three countries who share the similar capital markets (the United Kingdom, the United States and Japan). After applying their analytical framework to the three countries, the...

...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,...

...the key reasons aid does not reach them is because ‘government officials took it.’ This is not a new dynamic, but it is an ongoing challenge. The crisis has brought massive resource flows intended to stem the violence and provide life-saving aid to communities, but for some, these became lucrative opportunities, and the crisis became profitable. From Famine to Permanent Crisis The large-scale humanitarian response began in 2016 in response to evidence of a growing humanitarian crisis, and as would later be discovered, conditions of famine. In August 2016, the...

[Avraham Russell Shalev is a lawyer and researcher at Kohelet Policy Forum in Israel] Editors’ Note: This article is a response to a post by Alonso Gurmendi, available here. To read Alonso’s rejoinder, please see here. In a recent article, Alonso Gurmendi responded to a legal opinion released by the International Association of Jewish Lawyers and Jurists in the context of the ICJ’s Advisory Opinion on the “legal consequences on practices in the Occupied Palestinian Territory”. The authors of the Opinion critique the assumption inherent in the request for the...

I would like to thank Kathy Stone for commenting on my Article and agreeing to participate in this symposium. She has sharply characterized the main arguments of my paper and made two very helpful criticisms. Both of these are great prods for future work. Let me respond to each of these suggestions in turn. Stone is right that I devoted most of my attention analyzing Doing Business’ main agenda, which I called substantive flexibility: increasing employers’ ability to fire, hire, and set working conditions, thereby decreasing employers overall labor costs....