In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

01 Feb

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...
01.02.10 | |

21 Jun

...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...
21.06.12 | |

21 May

...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...
21.05.21 | |

06 Sep

[The following is a response from Anne Peters, the Editor-in-Chief of the Journal of the History of International Law] Dear readers, The JHIL received this letter and had agreed towards the authors in writing to publish it in the JHIL as soon as possible. Publication in JHIL does not imply any agreement or endorsement by the editors or by the academic advisory board of the opinions expressed in an article. The selection of articles for the journal occurs through double blind peer review on the basis of their academic quality....
06.09.17 | |

08 Jun

has now been rejected.” That material is my 2008 The Slavery Conventions. In April 2008, I was contacted by the Australian Human Rights and Equality Commission (HREOC), which was looking to intervene in a case, and asked if I might assist. I provided them with a copy of the galley proofs of my book, as The Slavery Conventions, which had yet to be published. In May, the online newspaper, The Australian stated that, “Brett Walker SC, the counsel for HREOC, quotes a book by a certain Monsieur Allain.” Holding up...
08.06.09 | |

09 Jun

[Paul B. Dean is Attorney-Adviser, Office of the Legal Adviser, at the U.S. Department of State] Thanks to Opinio Juris and VJIL for hosting this discussion and thanks of course to Professor Guymon for raising this interesting topic. I’m happy to provide what I hope will be a constructive response. I must emphasize that any views expressed herein are my own and not necessarily those of the State Department or the U.S. Government. Professor Guymon touches on a host of interesting topics in her article and blog post, including whether...
09.06.09 | |

12 Jan

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...
12.01.13 | |

18 Jun

...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...
18.06.21 | |

08 Oct

[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...
08.10.13 | |

11 Oct

It’s good to be back battling with my fellow co-bloggers. I still owe Chris and Deborah a response on other matters, but let me just briefly respond to Kevin’s smart but still not entirely convincing post. It’s not that I have any serious rebuttal of Kevin’s legal analysis of the Honduras Constitution (and I apologize for my boo-boo on the Law Library of Congress vs. the CRS). Rather, the point of my post on Koh was that the Honduran constitutional legal question is pretty central – indeed, it might be...
11.10.09 | |

23 Nov

to organized political communities, including the international community as symbolized by the United Nations, law is a necessary but not sufficient condition for legitimacy. Perhaps the UN University could undertake a project devoted to the theoretical exploration of the relationship by a team of political scientists and international law scholars. Second, rather than the relationship between legitimacy and justice, that between power and justice or, even better, between realism and idealism, will prove more fruitful in the UN context. The organization needs to achieve a better balance between the wish...
23.11.10 | |

15 Jul

[Philip Alston responds to Frédéric Mégret’s comments on Alston’s recently published article, Hobbling the Monitors: Should U.N. Human Rights Monitors be Accountable?. This post is part of the Second Harvard International Law Journal/Opinio Juris Symposium.] I am grateful to Frédéric Mégret for his very thoughtful comments on my article. Fred’s own excellent work on the accountability of “International Prosecutors: Accountability and Ethics” (available at ) is one of the few sustained and probing analyses of the difficult topic of the accountability of those playing a crucial role in what might...
15.07.11 | |