In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

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 | |

19 Nov

[Maarten den Heijer is assistant professor of international law at the Amsterdam Center of International Law and member of the editorial board of the European Human Rights Cases (EHRC) and contributor to the Dutch Journal for Human Rights] Praise is due to the collaboration between Leiden Journal of International Law and Opinio Juris in providing this platform for reflection and discussion – in this instance on my paper on diplomatic asylum and Julian Assange. I much enjoyed reading the responses of Gregor Noll and Roger O’Keefe and am greatly appreciative...
19.11.13 | |

09 Jun

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...
09.06.08 | |

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 | |

21 Oct

...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...
21.10.09 | |

06 Sep

[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....
06.09.17 | |

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 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 | |

03 Apr

...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....
03.04.18 | |

06 Nov

I would like to thank Kathy Stone for commenting on my Article and agreeing to participate in this symposium. She has sharply characterized the main arguments of my paper and made two very helpful criticisms. Both of these are great prods for future work. Let me respond to each of these suggestions in turn. Stone is right that I devoted most of my attention analyzing Doing Business’ main agenda, which I called substantive flexibility: increasing employers’ ability to fire, hire, and set working conditions, thereby decreasing employers overall labor costs....
06.11.09 | |

08 Jun

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...
08.06.09 | |

09 Jun

[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...
09.06.09 | |