Search: Affective Justice: Book Symposium: A Response
10 Sep Rapid Response Seminar: Humanitarian Intervention, International Law and Syria
Normally, we post our conference announcements weekly, but we just got word of one tomorrow that’s worth flagging. The British Institute of International and Comparative law (BIICL) will be holding a Rapid Response Seminar tomorrow, September 11, from 4-6 pm to discuss ‘Humanitarian Intervention, International Law and Syria’. As the title suggests, the conversation will discuss whether humanitarian intervention falls within the corpus of international law and, if so, whether it can be applied to the current Syrian situation. Robert McCorquodale (BIICL) will chair the panel, with scheduled speakers including...03 Jul A Response to Ben Wittes
...the Senate bill appears to contain no such language. On the contrary, it ties detention authority squarely to the 2001 AUMF, and describes the scope of that detention authority precisely as the courts (and Obama Administration) have done in the Guantanamo habeas cases in the federal courts. It also, for the first time, makes express Congress’ intention that detention under this authority be carried out pursuant to the law of war.” In response, Ben asks: “Is there a softening here of opposition to detention legislation? Or is the apparent complacency...08 Sep A Response to Bobby Chesney — Part II (Article II)
In the first part of my response to Bobby, I argued (after meandering around a bit) that Title 50’s “fifth function” provision cannot be used to authorise the CIA to kill Americans overseas — a necessary condition of any argument that the CIA is entitled to a public-authority justification with regard to 18 USC 1119, the foreign-murder statute. (Bobby kindly responds here.) I thus ended that post by asking where else that authority might be found. Which brings me to the second argument Bobby makes: namely, that the President’s authority...10 Apr Response to D. Jinks
...ad bellum appraisal of NATO’s conduct as humanitarian intervention influenced our in bello appraisal of how it conducted the military campaign. 2. In terms of the evidence: I suggest that the DA has been misconstrued or misapplied, sometimes deliberately, but more often subconsciously or tacitly—in part because of natural self-serving biases. I doubt that any belligerent would openly claim that the justice of its cause relieves it of or relaxes the in bello constraints under which it must conduct warfare (although, notably, the Soviet Union, North Vietnam, and others, in...01 Feb A Response to Geoffrey Corn
Thank you to Professor Corn for his exceptionally thoughtful response to the article. His observations illustrate vividly, and persuasively, the apparent choices undergirding the traditional approach my Article critiques. I’ll reply briefly to some of his comments and conclude by highlighting what I perceive to be larger issues in the law of war that our dialogue might provoke. Professor Corn casts application of the traditional four combatant criteria to CNA participants as a presumption, bringing with it the attendant benefits of clarity and predictability. His Miranda analogy suggests that law...03 Jan International Human Rites: A Response to Professor Weinberger
Seth has finished his very successful tenure as a guest-blogger here at Opinio Juris and his legacy goes on. One of his posts on the potential for universal human rights deeply intrigued a colleague of mine at Hofstra, Bernard Jacobs, a professor of constitutional law and a classics scholar. His thoughtful and interesting response to Seth’s post is below: I read with interest Professor Weinberger’s piece marveling at the possibility of conflict between International Human Rights and ‘local practice, custom and tradition in the developing worlds.’ Since I live in...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...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 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...
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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