In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

07 Sep

...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...
07.09.18 | |

14 Nov

[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...
14.11.12 | |

07 Feb

...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...
07.02.11 | |

07 Feb

[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...
07.02.11 | |

01 Apr

[Avraham Russell Shalev is a lawyer and researcher at Kohelet Policy Forum in Israel] Editors’ Note: This article is a response to a post by Alonso Gurmendi, available here. To read Alonso’s rejoinder, please see here. In a recent article, Alonso Gurmendi responded to a legal opinion released by the International Association of Jewish Lawyers and Jurists in the context of the ICJ’s Advisory Opinion on the “legal consequences on practices in the Occupied Palestinian Territory”. The authors of the Opinion critique the assumption inherent in the request for the...
01.04.24 | |

14 Nov

[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...
14.11.12 | |

17 Jul

intelligence. (p.4) Hill’s book is a treatment of the lessons in statecraft that one can glean from great literature. (However, note this criticism of Hill and his book.) If it “has not been much recognized” that those books can have lessons in statecraft, I’d like to propose that it has been even less recognized that there are some great insights to be learned from fantastic fiction. Science fiction, fantasy, speculative fiction, books described in this way are rarely described as “great literature.” And when they are, it is sometimes as...
17.07.13 | |

06 Jul

...the 1903 Royal Commission on Alien Immigration and the Alien’s Act 1905. The book contains the most detailed legal analysis of the 1915-6 Hussein-McMahon correspondence, as well as the Balfour Declaration, and takes a closer look at the travaux préparatoires that formed the British Mandate of Palestine. It places the violent reaction of the Palestine Arabs to mass Jewish immigration in the context of Zionism, highlighting the findings of several British commissions of inquiry which recommended that Britain abandon its policy. The book also revisits the controversies over the question...
06.07.11 | |

18 Mar

responses’, which peppered Alexander’s original written responses and that are now (thanks to Edward Snowden I assume) largely absent from Rogers’ answers; and (c) the softening of the language regarding the U.S. willingness to respond in self-defense where attribution is a problem. What do readers think? Is this all one, harmonious, consistent U.S. policy? Or, are there shifts in these responses that bear watching? Anyone interested in comparing the remainder of the two testimonies can do so by seeing what Alexander wrote here versus Rogers’ more recent written responses here....
18.03.14 | |

08 Dec

Jordan Response... In my opinion, the issue of liability under international law is a question of international law, not U.S. domestic law. Logically, one cannot violate international law if one does not have a duty (liability) under international law. I would prefer that the U.S. Supreme Court continue to recognize what it has already recognized in at least 20 Supreme Court cases! -- that corporations and companies can have duties and rights under international law, customary and treaty-based -- as documented in the only law review article to date that...
08.12.11 | |

31 Jan

Catherine Rogers Both Jacob Cogan’s interesting essay, and Larry Helfer’s thoughtful response, address issues of competition and control in international adjudication, focusing on public international law tribunals. While these are an essential part of the story, there are other tribunals and cases that rightly fit in the general category of “international adjudication,” including international arbitral tribunals and national courts. As an initial matter, under virtually any definition, most notably Lon Fuller’s classic formulation, arbitration constitutes a form of adjudication. While ostensibly private, even when States are not parties, international arbitration...
31.01.08 | |

04 Sep

...law in any year unless you want to work as a lawyer in the State Department or certain obscure precincts of the Justice Department, hope to work for an international organization such as the United Nations or an international NGO with a legal agenda such as Human Rights Watch, or have an academic or intellectual interest in international law and international relations. If you are in any of these categories, wait till your second year. For most law students, who aspire to work in regular law firms, or in prosecutor’s...
04.09.09 | |