Search: Affective Justice: Book Symposium: A Response

...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....

[Rob Howse is the Lloyd C. Nelson Professor of International Law at NYU and is guest blogging this week here at Opinio Juris. His first post can be found here; his second, here and his third here.] Today at NYU law we are having a panel discussion, and celebration, of my colleague Liam Murphy’s recent book, What Makes Law Law? (I’ll be racing down from Fordham University, where I’m talking about my own book, Leo Strauss Man of Peace). Liam’s work is important for international legal scholars, because-despite many good...

[Chester Brown is Associate Professor at the Faculty of Law, University of Sydney] Thanks to Professor Cheng for his thoughtful response. As a follow-up comment, this discussion should not conclude without mention of another hard case, being the International Court of Justice’s advisory opinion in Legality of the Threat or Use of Nuclear Weapons. In its advisory opinion of 8 July 1996, the ICJ (in)famously held that in view of the current state of international law, and of the elements of fact at its disposal, the Court cannot conclude definitively...

The American Society of International Law recently awarded its annual certificates and prizes for scholarship in international law. A number of the winners have either been involved in OJ symposia or are friends of the blog, so I want to acknowledge their achievements here: Certificate of Merit in a specialized area of international law: Mark Osiel, “The End of Reciprocity: Terror, Torture, and the Law of War” (Cambridge Univ. Press 2009). Francis Deák Prize: Jacob Katz Cogan, “Representation and Power in International Organization: The Operational Constitution and Its...

[Ronald Slye is the Director of International and Comparative Law Programs and Professor at Seattle University School of Law] Lisa Laplante provides those of us interested in international criminal law, and more specifically the legitimacy of utilizing amnesties during a period of societal transition, with a valuable service by pointing us to, and carefully parsing, the Barrios Altos decision of Inter-American Court of Human Rights. It is a decision that, as she rightly states has not received as much attention as it deserves. While I am sympathetic to...

[Jaw-perng Wang is Professor of Law at National Taiwan University] I am very impressed that a foreign scholar, especially a common-law trained one, could have a precise picture of Taiwan’s criminal procedure and its history and recent reforms. Without spending tremendous time and effort, an article that accurately and meticulously reports Taiwan’s criminal procedure, like this one, could not possibly be produced. In addition, I must confess that several parts of the detailed report of Taiwan’s practice did not come to my attention until after reading this article....

applauded, the likelihood of swift justice from these efforts is low and the number of perpetrators who would be held accountable limited, leaving many direct perpetrators of conflict-related sexual violence outside of their reach. The likelihood of reparations to the untold number of victims is even less so. In our view, the preferable avenue for meaningful justice and reparations for Ukrainian victims of conflict-related sexual violence is through domestic legal systems, with the support and, as needed, pressure of the international community. And so the question is: what steps should...

...coal-burning power plants . The administration bases its opposition to NSR primarily on the fact that the program has negatively affected energy projects, but Christine Todd Whitman (whom, Easterbrook also incorrectly cites in his favor) revealed in her new book It’s My Party, Too that “at one meeting, after hearing one person after another lay blame for our energy crisis squarely at EPA’s door, I asked them to prepare a list of energy projects that were being delayed because of environmental laws and regulations. Nobody ever did.” Fourth, cap-and-trade systems...

The recent article by Burke-White and von Staden raises critical and timely issues about international economic law and treaty interpretation. The paper acknowledges challenges posed to the institutional legitimacy of investment treaty dispute resolution (which I have written about elsewhere) that are caused by different tribunals coming to different interpretations of the same or similar treaty provisions. It also considers the difficulties for international law when tribunals interpret treaty provisions in a manner that negates agreed areas of state responsibility and instead shifts to an analysis based...

[Gregory Gordon is Professor of Law, University of North Dakota School of Law.] I would like to begin by thanking Opinio Juris for inviting us to have this important discussion here about the crime of direct and public incitement to commit genocide. I would also like to congratulate Susan Benesch on her excellent article regarding this verbal harbinger and prerequisite of mass atrocity. Professor Benesch provides a much needed exploration of the more complex facets of incitement that will afford jurists, advocates, and would-be offenders greater clarity...

...study of nationalism. (See especially Chapter 5 of my book, THE PARADOXES OF NATIONALISM: THE FRENCH REVOLUTION AND ITS MEANING FOR CONTEMPORARY NATION BUILDING). My sense is that Susan talks about the sociological foundations of genocide because she wants to convince skeptical readers that criminalizing incitement should not be out of the question, even though it involves criminalizing speech. Susan points out that U.S. law criminalizes speech that is “likely to lead to imminent lawless action” (495). However, she finds this test too narrow in the context of genocide, because...

This is a wonderful opportunity to bring Islamic law into the legal debate in the United States beyond the superficial level at which it usually takes place. This is the more welcome for someone who has written a book on Muhammad Baqer as-Sadr as the most creative Islamic thinker of the 20th century (The Renewal of Islamic Law, Cambridge 1993), and now sees a second generation of Sadr scholars, like Professor Hamoudi, engaging seriously his work in American legal academia. In his article, Hamoudi uses Sadr’s work to show how...