Search: Affective Justice: Book Symposium: A Response

[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...

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...

[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...

[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...

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...

...therefore may not be interrupted by the coastal State based on such passage being non-innocent; but second, that coastal States could potentially interrupt such vessels as a lawful countermeasure under the law of State responsibility. This response will engage with the first argument on the interpretation of “innocent” passage in Article 19 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Specifically, in contrast to Cavalcanti de Mello Filho’s interpretation of Article 19(2)(a) UNCLOS, I argue that any threats or use of force in violation of...

be strictly and narrowly interpreted, the Court warned that the lawfulness of COVID-19 response measures “do[es] not depend on how laudable … they are”. This judgment makes it clear that expansion of executive powers in response to COVID-19 must be regulated to ensure that they are not misused, and that courts should where necessary intervene to ensure executive compliance with the rule of law. Government response to COVID-19 in Namibia When the first cases of COVID-19 were confirmed in Namibia on 14 March 2020, the Government began to take measures...

...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...

I know Colombia kinda, sorta backed down in the end, but its President’s response to Trump’s mindless sabre-rattling over deportation flights deserves to be read in full by everyone. Here it is in Spanish: Trump, a mi no me gusta mucho viajar a los EEUU, es un poco aburridor, pero confieso que hay cosas meritorias, me gusta ir a los barrios negros de Washington, allí ví una lucha entera en la capital de los EEUU entre negros y latinos con barricadas, que me pareció una pendejada, porque deberían unirse. Confieso...

...letter was a sufficient response to very serious allegations made against the Australian government by one of its own MPs. As I’ve tried to show in this post, the OTP’s analysis of those allegations is factually deficient and legally questionable. But perhaps that’s why the response is so cursory. A more searching analysis, one that took seriously the damning facts in our communication to the OTP, would almost certainly have concluded that the Australian government is responsible for a wide variety of crimes against humanity on Nauru and Manus Island....

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...

...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...