Search: Affective Justice: Book Symposium: A Response
09 May Jurisdiction in Palestine: What the ICC Prosecutor Did Not Say in Her Response …
[Jonathan Turner is a barrister in London and Chief Executive of UK Lawyers for Israel (UKLFI) ] Practising advocates know that what is not included in reply submissions is usually more interesting than what is there. One of the omissions in the ICC Prosecutor’s recent Response on the issue of the Court’s territorial jurisdiction in respect of Palestine is that it does not address the argument made by the amicus, UKLFI, based on the rights of the Jewish people derived from the League of Nations Mandate for Palestine. Indeed, while...21 Oct YJIL Symposium – Response to Elena Baylis
...State Department?” That is, isn’t it plausible that increased engagement is simply “the result of Congress having ratified a number of treaties with reporting obligations, and authority for fulfilling those obligations having been turned over to the Legal Advisor’s Office”? There are two distinct responses to this important question. First, it is useful to underscore that my article does not in fact make any claim about the cultures and roles of the U.S. Congress and the Office of the Legal Advisor. To the contrary, the crux of my argument is...
09 Nov The AU’s Position on Personal Immunity: A Response to Coracini & Trahan
...seen before: namely, the insinuation that the African Union (AU) believes international courts do not have to recognise personal immunity. I assume that claim is a response to my contrary one in the article mentioned above — opposition that I have cited as a reason to be skeptical of the idea (endorsed by a number of scholars) that the General Assembly will support a Special Tribunal in large numbers. Here is what Coracini and Trahan say about the AU, referencing the Jordan case: It is worthy of note that during...03 May Hamdan, the ICRC Commentary to Protocol II, and Conflict Party Structure: A Response
...courts read that as meaning consequential damages are included and others read the fact that consequential damages is excluded from the litany of possible damages as meaning that consequential damages are not available to a seller. Both judges would look at the same text and say this is what they mean. Whether that is using the law as a means to an end can be discussed. I think that where the judge is seeking justice is not such a bad thing. I sensed that Stevens was seeking justice. Best, Ben...
11 Feb No, Russia Can (Still) Not be Removed From the UN Security Council: A Response to Thomas Grant and Others: Part Two
...in response to its policy of apartheid, is more controversial: the leading handbook of Schermers and Blokker points out that such a de facto suspension or expulsion would amount to “an illegal circumvention of special procedures such as those laid down in Articles 5 and 6 of the Charter” – action by the General Assembly upon the recommendation of the Security Council – and would arguably be ultra vires (para. 263). The decision to exclude South Africa from the work of the General Assembly clearly rested upon political support, but...