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Search: Affective Justice: Book Symposium: A Response

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 | |

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 Mar

of the Modern Position, 110 Harv. L. Rev. 815 (1997). In response to this line of criticism, see, among other responses,Harold Hongju Koh, Is International Law Really State Law?, 111 Harv. L. Rev 1824 (1998). Martii Koskenniemi, From Apology to Utopia (1989). This book is the antecedent to The Gentle Civilizer of Nations, which I mentioned above. It is a more theoretical discussion of the need of international lawyers to not be overly-technical but rather to use social theory to assess the “deep structure” of international legal discourse. As with...
16.03.05 | |

07 Feb

...as "medical personnel," but that even combatants engaged in such activity were also considered hors de combat. JordanPaust Response... On another point, our Internatonal Criminal Law casebook notes that the ICC "knowledge" standard, which, yes, is different than intent (especially when courts use a knew or was aware approach -- see also the ICC stat. art. 30(2)-(3) re: "knowledge" and even "intent") is actually a higher threshold with respect to criminal responsibility than that under customary international law, which can involve a wanton / reckless disregard lower type of threshold....
07.02.12 | |

16 Jan

...there a terror purpose or merely a targeting? Was there a terror outcome? If not, how can it (objectively) be terrorism? Same Qs re: taking out a nuclear reactor. Dan Joyner I'd like to note that over at EJIL:Talk!, Sahib Singh has posted an excellent piece on countermeasures by the West against Iran, and that I have posted some comments in response to his piece regarding the possibility that Iran may have a legitimate claim of its own to countermeasures in response to internationally wrongful acts committed against it by...
16.01.12 | |

24 May

So, Alan Dershowitz has decided that international law needs to be “delegitimized,” because it is unfair to Israel. It is reasonable to consider, therefore, what Dershowitz believes a “fair” international law would allow Israel to do. Here is one of his suggestions, from a 2002 Jerusalem Post editorial entitled “New Response to Palestinian Terrorism” (emphasis mine): In light of the willingness of suicide bombers to die in the process of killing Israelis, the traditional methods of deterrence and retaliation seem insufficient. To succeed, Israel must turn the Palestinian leadership and...
24.05.10 | |

03 Oct

...judge, because the defining issue is power, not justice. However, there is a case to be made that we treat foreign white people better than the other colors. Also, I'm somewhat new here, but I've never read Ben's comments as he's a racial determinist. It's a factor for sure. If you ignore race, which is standard practice, you're missing something. Maybe "it" is important, maybe not, but "it" is always there. Jordan Response... Homefrontsix: The U.S. Const. applies abroad for, at least, U.S. nationals and in the case of an...
03.10.11 | |

09 Dec

creatures who reveled in a monstrous, inhumane program, thoughtfully created by minds so demented it has to hide its unspeakable, sick conduct in a maze of legal incoherence - and the torture continues in the shameful environs of Guantanamo Bay. The ACLU, like so many corrupted American institutions, now takes a path that deviates from justice, so desperately needed. Joe Response...In response to a comment, going by the logic of that short article, can someone be pardoned by POTUS for something like murder of an ambassador? The op-ed does to...
09.12.14 | |

24 Feb

...undeserving) influence on (at least the rhetoric of) the Republican Party Michael Darlington By the way, Patrick, I agree that Paul Kennedy's book "The Parliament of Man", which I have read, is very good. It does however have two major failings, I find. I don't know the O'Connell book but will now make a point of reading it. The two weaknesses I see in Paul Kennedy's book both arise, I think, mainly from its being too New York-centric (that's New York as in the UN headquarters in New York), but...
24.02.10 | |