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Search: Affective Justice: Book Symposium: A Response

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 | |

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 | |

27 Jul

I would like to thank Opinio Juris for hosting this book discussion, and I would like to thank the several contributors for their insightful and provocative posts. This post responds specifically to Andrew Kent’s skeptical reaction to David Golove’s claim that the judiciary had an active role in policing executive branch compliance with the laws of war. I believe that the book provides a fair amount of support for Professor Golove’s claim, at least through the Spanish-American war. After the Quasi-War with France, the Supreme Court invalidated wartime seizures of...
27.07.11 | |

09 Jun

...to property. CarrieLyn Guymon Response... The ECJ's decision in Kadi is interesting, but it did leave in place the asset freeze, providing an opportunity for the sanctions to be maintained so long as some additional post-hoc process is afforded. My article recommends that the US also provide more information regarding the basis for designations under E.O. 13,382. The ECJ agrees that this need not be done in advance nor should it jeopardize the need to protect classified information. I think that the process in the EU can be tweaked slightly...
09.06.09 | |

03 May

...Bagram) actually imprisoned? And, who, lawfully, in the United States, gets to decide - not years later in response to better-than-nothing habeas petitions, but initially - and how, that persons captured out of uniform, without a weapon, and away from any actual hostile enemy action, are "combatants" for a NON-State party in a NON-international armed conflict whose detention the international law of war evidently leaves (both in theory and in practice) almost entirely to the discretion and supervision of the domestic law of the individual State party holding the prisoners?...
03.05.12 | |

18 Jul

...peer review articles is that while your journal articles are peer reviewed (and this subject to the political self-interest) you also have "books" published through Oxford. Well it seems like the books are the subject to the same "peer reviewed" approval process. https://global.oup.com/academic/authors/submissions/?cc=il&lang=en& I also understand that in the peer review process you can "suggest" peer reviewers - ??? Is this true? So one can "suggest" people one knows will be partial to approving because the author cites to them in the paper or suggests personal friends or known political...
18.07.15 | |

16 Nov

[Susan Kneebone is a Professor at Monash University] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. In her article Associate Professor Michelle Foster argues that there are limits imposed by the Refugee Convention and international law to the circumstances in which states may lawfully engage in transfer arrangements for asylum seekers, euphemistically known as ‘responsibility sharing’. In that and an earlier article,[1] to which French CJ in the High Court in Plaintiff M70 referred with approval,[2]...
16.11.12 | |

17 Apr

[insert here] delenda est Fear not, KJH, we believe you - a snarky post would have focused on how you deeply frustrating you find the lack of a gap between the rhetoric and actions of the other side mentioned in the Goldstone report... Whilst I too am glad to see this substantive response, I don't really mind Israel's negative rhetoric to the Goldstone report. It was a tremendous folly to think that that report could ever be other than a weapon to use against Israel...as events have proven. This folly...
17.04.11 | |

02 Mar

Andreas Paulus Julian, Thanks for your response, which I think is very helpful to clearly understand what the debate is about. But there is one point that troubles me in your argument: You argue in favour of dualism (and for the control of the executive branch over international law - government by men, not law, in that sphere), but the Constitution has decided otherwise. That is what Article VI is about. Of course, later case law has it that a treaty must be self-executing, and that makes perfect sense as...
02.03.05 | |

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 | |

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 | |