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Search: Affective Justice: Book Symposium: A Response

30 Jul

...regulative goal is to spell out what it means to do justice to distinction and proportionality by protecting civilians as much as militarily possible. It does not spell out how the attacker’s obligations fall by the wayside if the presence of the civilian population interferes with a belligerent’s ability to conduct effective military operations. A second concern is not that warnings are used to weaken other legal obligations, but that the practice itself violates international law. In circumstances in which the civilian population has in fact no means to leave...
30.07.14 | |

03 Jan

...by the editors, and so forth. The journal may even have a policy never to publish such response pieces, while of course allowing for criticism of previously published work in separate, self-contained articles. Bad idea? Probably. Out of bounds? No, as there are plenty of other avenues of expressing legitimate disagreement. Similarly, with Lawfare, you can always write a post in response on OJ, I can write one on EJIL Talk, somebody else can create their own blog, use Facebook or whatever. I just don't see why you think that...
03.01.12 | |

22 Mar

is not and cannot be an Article II “natural born citizen.” Since he is neither “a natural born Citizen, [n]or a Citizen of the United States, at the time of the Adoption of this Constitution,” he is not eligible to be President and Commander in Chief of the Military. For my response to Neal Katyal and Paul Clement article, see Mario Apuzzo, A Response to Neil Katyal and Paul Clement on the Meaning of a Natural Born Citizen , accessed at http://puzo1.blogspot.com/2015/03/a-response-to-neil-katyal-and-paul.html . Mario Apuzzo, Esq. Ray Peter Spiro at...
22.03.15 | |

16 Jun

JordanPaust Response... This argument seems a bit complex and legally ignorant in several respects. Of course, the better view is on JURIST. http://jurist.org/forum/2011/05/jordan-paust-libya-war-powers.php The magic word is "hostilities" -- and, of course we are directly involved in "hostilities" authorized by the UN SC and we are directly and unavoidably involved in an international armed conflict to which the laws of war apply. If the Obama Administration was not tunnel visioned re: the response to congressional critics it might have contemplated whether the pilots who were shot down and had "boots...
16.06.11 | |

31 Aug

that have to date blocked any meaningful response to the Syrian government’s actions.Response... Jordan Jennifer: footnote 44 of the 34 U. Pa. J. Int'l L. 431 (2013) article notes that Turkey, France, Saudi Arabia, Bahrain, the United Arab Emirates, Oman, Qatar, Kuwait, the U.K., and the U.S. had recognized the opposiiton as the legitimate leader of the Syrian people by the end of 2012. Kevin Jon Heller Jennifer, The only source you cite in defense of unilateral humanitarian intervention is the report issued by ICISS. But I fail to see...
31.08.13 | |

13 Jul

...emerge when the institution in question is widely used rather than marginal. Response: What a horrendous state of affairs it would be if these military commissions (even in their third generation) were widely used, let alone used at all. Some still work to stop these conviction machines. See Flawed Justice for Terror Suspects, Toledo Blade, June 17, 2012 (http://www.toledoblade.com/Op-Ed-Columns/2012/06/17/Flawed-justice-for-terror-suspects.html) (ii) Any given institution will have many consequences, some of them opposed in their tendency. It is imperative, therefore, to look at their net effect. [I would add that we should...
13.07.12 | |

14 Jul

...(Article 9 of the ILC Articles would not be sufficient - that is not the sort of situation contemplated by the commentaries, cf. the Yeager case before the Iran-US Claims Tribunal). However, I think Israel still has the right to initiate a proportionate response in self-defense, even if this response hurts not only Hezbollah but also Lebanon. This is I believe the classical case of self-defense in response to an armed attack by a non-state actor, as first contemplated in the famous Caroline incident. I discuss this conflation between primary...
14.07.06 | |

18 Jan

Gabor Rona posted a response to Jens Ohlin yesterday. Jens responded at LieberCode — and now Gabor has responded to Jens’s response (and John Dehn’s comment on his OJ post). Here is what Jens wrote (reposted with permission): Many thanks to Gabor Rona for taking the time to continue this conversation. There’s a lot in Rona’s post, but I want to cut to the heart of the conceptual issue here regarding the inter-operation of these bodies of law. In terms of the relationship between IHL and IHRL, and the notion...
18.01.12 | |

05 Feb

of brutality that one finds in the American way of war (think of the mass fire-bombings of civilian targets in World War II); God and Gold also addresses these issues from time to time (particularly when it comes to Ireland), but neither book attempts to give anything like a comprehensive account of the wrongs done by either the British or their American cousins. Excellent books have been written on these subjects and more will no doubt follow; God and Gold like Special Providence is a book about how the system...
05.02.08 | |

23 Oct

...or individuals in (or even outside) their territory (e.g. a country forcing Facebook to hand over certain data or “spying” on data transferred over the internet). Are today’s WTO rules able to reign in these two types of government interventions with the toolbox of either rules on “trade in goods” or “trade in services”? Prof. Chander calls for two broad principles: technological neutrality and dematerialization, both basically stating that governments should, in principle, not make a distinction between trade that happens online (brick & mortar) and trade that happens offline....
23.10.13 | |

29 Jan

Many thanks to Peter, Kal and Scott for their very thoughtful comments. As Peter notes, The Art and Craft of International Law focuses more on process and design than on doctrinal issues. Whether or not he is correct that international environmental law lacks common principles or norms that give it substantive coherence, the premise of my book is that it can be studied coherently from a process standpoint. Peter, Kal and Scott all focus on what makes international environmental law effective. Peter emphasizes the role of social learning, and I...
29.01.10 | |

11 Apr

Michigan Law Review‘s “2008 Survey of Books Related to the Law” is now available on-line. Two OJ’ers have review essays in the issue: yours truly, reviewing Mark Drumbl’s Atrocity, Punishment, and International Law; and Roger, reviewing Ron Krotoszynski’s The First Amendment in Cross-Cultural Perspective: A Comparative Legal Analysis of the Freedom of Speech. The issue also contains a number of essays that will interest international-law types, particularly John Yoo and Roger Delahunty’s review of Erich Maria Remarque’s All Quiet on the Western Front (!); Stephen Reinhardt’s review of Richard Posner’s...
11.04.08 | |