Search: Affective Justice: Book Symposium: A Response

[Spencer Zifcak is Allan Myers Professor of Law and Director of the Institute of Legal Studies at the Australian Catholic University.] This post is part of the MJIL vol13(1) Symposium. Other posts in this series can be found in the related posts below. I begin this response by acknowledging the two commentators. Ramesh Thakur and Tom Weiss are, together with Gareth Evans, the pre-eminent writers in the field — as well as each having played formative role in the creation of the Responsibility to Protect (‘R2P’) doctrine in the first...

[Pierre-Hugues Verdier, author of Mutual Recognition in International Finance, responds to the comments by Stavros Gadinis and Eric Pan] I would first like to thank Professors Pan and Gadinis for their generous and insightful comments on my article. While it is impossible to offer a full response in this forum, I would like to offer some thoughts on three salient points. First, as Professor Pan correctly points out, financial cooperation arrangements that share important features of mutual recognition have existed for decades. However, I believe the arrangements described in the...

[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....

...because their parallels are by no means obvious: the European effort is long, multifaceted, and part of a larger geopolitical project, whereas the US-Australia effort is a response to specific market needs. Verdier brings to light their common goals, and convincingly argues that we have a lot to learn by contrasting them. The comparison of these two efforts allows Verdier to ask a key question: does mutual recognition need the full institutional machinery of the EU in order to be effective? Or can it work through a simple arrangement between...

[Ramesh Thakur is Director of the Centre for Nuclear Non-proliferation and Disarmament (CNND) in the Crawford School, Australian National University and Adjunct Professor in the Institute of Ethics, Governance and Law at Griffith University.] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Professor Spencer Zifcak has written an insightful article on a topic that is important, timely and will not go away. His analysis and conclusions are judicious, circumspect, balanced and, in consequence, stand the test...

...response in relation to Myanmar, Facebook has removed a total of 18 Facebook accounts, one Instagram account, and 52 Facebook pages. Among the removed accounts is that of the Commander-in-Chief Senior-General Min Aung Hlaing, the same individual whose posts have been used in the Fact Finding Mission report to support the finding of genocidal intent. In its response, Facebook doesn’t mention whether it will address the Mission’s ‘regret’ at its unwillingness to provide data about the spread of hate speech in Myanmar, suggesting that Facebook’s uncooperative tendencies may continue in...

...reasoning, the relatively muted international response could suggest that members of the international community might be willing to entertain preemptive self-defense under such extreme circumstances. In sum, the question of whether international law now recognizes a right to preemptive self-defense against nuclear threats remains highly contested. But the evolution of the international position from “Opera” to “Outside the Box,” even after Israel acknowledged its role in the latter, is telling. Both scholars and politicians will likely take this evolution into account in discerning state practice on this question going forward....

a nuclear bomb to stop the hurricane – an actual idea that former US President Donald Trump once suggested. Due to the ineffectiveness and unreasonableness of the military solutions, one should consider an environmental response. Since Godzilla cannot be destroyed, how can it be stopped from coming to shore? International Environmental Response IEL envisions climate change and environmental destruction as a continuous yet prolonged process and accordingly frames the required action in long-term steps. Godzilla, on the other hand, is an imminent threat which requires an immediate response.  “The international...

...Ben: I didn't think your question was provocative. I think it's a good question. Patrick S. O'Donnell dmv, Obviously, something new is being said, which was my point. My response was to your specific comments regarding the discussion at hand, which claimed 1) The writers are all repeating the same points on each side, over and over again, and then talking past each other, by and large. That, simply, is not true. 2) You will note, if you read the posts, that no one concedes anything that they were unwilling...

[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...

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...

...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...