In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

03 May

...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...
03.05.07 | |

09 Nov

...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...
09.11.22 | |

09 May

[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...
09.05.20 | |

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 | |

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 | |

15 Jul

[Frédéric Mégret, Assistant Professor of Law at McGill University Faculty of Law and Canada Research Chair in the Law of Human Rights and Legal Pluralism, responds to Philip Alston, Hobbling the Monitors: Should U.N. Human Rights Monitors be Accountable?. This post is part of the Second Harvard International Law Journal/Opinio Juris Symposium.] Philip Alston’s article on special rapporteurs suggests that there may be some merit on hobbling them a little, just not necessarily in the way that a majority of states at the Human Rights Council seem to want. The...
15.07.11 | |

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 | |

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 | |

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 | |

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 | |