Search: Affective Justice: Book Symposium: A Response

...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 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...

I am grateful for the opportunity to read and comment on Peter Danchin’s “Suspect Symbols: Value Pluralism as a Theory of Religious Freedom in International Law.” The tolerance that it advocates reflects a generally healthy human rights impulse. Hence, I wish that I could write a positive response to the article into which a great deal of thought and work has obviously gone. Unfortunately, while it is well-written and literate, I disagree with a number of its ideas – and find some of them especially alarming from a women’s human...

[Scott Kennedy, associate professor of Political Science and East Asian Languages & Cultures and director of the Research Center for Chinese Politics & Business at Indiana University, responds to Mark Wu, Antidumping in Asia’s Emerging Giants. This post is part of the Third Harvard International Law Journal/Opinio Juris Symposium.] Antidumping: Less Change than Meets the Eye Mark Wu’s article, “Antidumping in Asia’s Emerging Giants,” is an impressive piece of scholarship and deserves widespread attention. He analyzes how an already controversial element of the trading system, the antidumping regime, has become...

[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...