Search: Affective Justice: Book Symposium: A Response
18 Jun Framing Prolonged Occupation
...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...09 Feb A Response to Gabriella Blum by Kevin Jon Heller
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...
06 Jul Customary International Law Symposium: Response from David Stewart
...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...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...10 Feb A Response to John Armour, Jack B. Jacobs and Curtis J. Milhaupt by Zenichi Shishido
...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...24 Nov A Response to Douglas Guilfoyle by Beth Van Schaack
...(a point acknowledged in the above commentary but not in the article itself). Nor does IHL provide national authorities with any authority to capture and detain individuals engaged in non-international armed conflicts without the privilege of doing so. Rather, such responses will continue to be governed by other sources of national and international law, including the law of the sea and international human rights law. So, even applying IHL to this potential scenario results in a renvoi to a law enforcement model of capture, detention, and prosecution. Regardless of the...02 Jul A Response to Galit Sarfaty
...the two requirements of CIL. On the other hand, a vague definition runs the risk of being empty rhetoric that does not require the World Bank to do much of anything, let alone out of a sense of legal obligation. Sarfaty concludes her response by asking whether one should distinguish between legal internalization and social or political internalization. My answer, both here and in the article, is an emphatic “yes,” and the current requirements of CIL provide the place for us to look to discern whether a moral norm has...14 Feb A Few Thoughts on Eugene Kontorovich’s Response to My Post
Eugene has graciously responded to my earlier post; you can find his new post here. It’s well worth a read. I just want to offer a few thoughts on Eugene’s response, because I think it fails to address the core of my critique: that it is incorrect to claim, as Eugene did in his first post, that Europe’s opposition to the juvenile death penalty is based on the idea that “minors are not really responsible for their actions.” I argued that, on the contrary, Europe’s opposition to the juvenile death...