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Search: Affective Justice: Book Symposium: A Response

24 Nov

...(a point acknowledged in the above commentary but not in the article itself). Nor does IHL provide national authorities with any authority to capture and detain individuals engaged in non-international armed conflicts without the privilege of doing so. Rather, such responses will continue to be governed by other sources of national and international law, including the law of the sea and international human rights law. So, even applying IHL to this potential scenario results in a renvoi to a law enforcement model of capture, detention, and prosecution. Regardless of the...
24.11.10 | |

09 Apr

...question for each reader of the article to judge. This being said, I would vigorously defend my emphasis on the failures of the Basel Committee. I would do so in light both of the disagreements of the 1990s and of the Committee’s resolute insistence, throughout the 2000s, in going forward with a capital adequacy model that is now widely regarded as theoretically flawed and overly responsive to the banks’ preferences. For more detail, I highly recommend Daniel Tarullo’s recent book on Basel II. Second, David raises the crucial question of...
09.04.09 | |

08 Sep

In the first part of my response to Bobby, I argued (after meandering around a bit) that Title 50’s “fifth function” provision cannot be used to authorise the CIA to kill Americans overseas — a necessary condition of any argument that the CIA is entitled to a public-authority justification with regard to 18 USC 1119, the foreign-murder statute. (Bobby kindly responds here.) I thus ended that post by asking where else that authority might be found. Which brings me to the second argument Bobby makes: namely, that the President’s authority...
08.09.14 | |

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 | |

14 Jul

[Katharina Pistor, Michael I. Sovern Professor of Law at Columbia Law School, responds to Olivier De Schutter, The Green Rush: The Global Race for Farmland and the Rights of Land Users. This post is part of the Second Harvard International Law Journal/Opinio Juris Symposium.] I would like to thank Opinio Juris for the opportunity to participate in this debate about one of the most pressing issues of our time: the battle for control over increasingly scarce resources, including land, water, and natural resources. The Olivier de Schutter’s “Green Rush” addresses...
14.07.11 | |

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 | |

24 May

...Wahid thinks the best response is better jurisprudence Filali-Ansary thinks the best response is better politics. There is a middle ground. Wahid suggests that outside the four corners of the Qur’an Islamic law is highly indeterminate and largely reflects past or present political choices. Perhaps both authors would be satisfied with an interpretive approach that opened up space for political discourse by emphasizing ambiguity and narrowing the reach of Islamic law to its clearest applications. Such an approach would deny clear legal support to progressives and their opponents alike, leaving...
24.05.06 | |

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 | |

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 | |

02 Aug

Peter Spiro Mike, Thanks for the response. All points well taken. I don't for a minute mean to imply that this isn't a worthwhile project. The fact that others clearly see value in historical textualism alone makes your book an important one, and it's interesting history to boot. Nor would I argue that text and its historical meaning is completely irrelevant in confronting contemporary controversies. But I would discount it pretty steeply. Only where founding materials work to establish a norm's pedigree do I think it serves much purpose. Any...
02.08.07 | |