Search: Affective Justice: Book Symposium: A Response
30 Jan Investment Protection in Extraordinary Times: A Response
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 on...17 Apr Defining Incitement to Genocide: A Response to Susan Benesch
[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 in...17 Apr Vile Crime or Inalienable Right: A Response to Susan Benesch
...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...29 Jan The Origins of Islamic Finance: A Response
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...09 Jul A Response to Eugene
First of all, welcome back! I always enjoy your contributions to OJ (and your scholarship generally), even when I disagree with you. So I hope you won’t think me too ungracious a host if I raise some (pointed) questions about your most recent post. I would be genuinely curious to hear your responses. I am, as I have pointed out ad nauseum, not an expert on international human rights law. So I’ll limit my comments to whether any of the actions you discuss would qualify either as genocide or as...
21 Jun Response to Conflict-related Sexual Violence in Ukraine: Accountability and Reparations
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...
21 Feb Holding Egypt Accountable for the Death of Moustafa Kassem Under International Law
...In September 2018, Pence even brought it up when he visited el-Sisi. In response, el-Sisi promised to give the matter “serious attention.” Egyptian authorities assured Kassem and the US that Kassem would be freed if he renounced his Egyptian citizenship. In response, Kassem filed papers to terminate his Egyptian citizenship. Yet Egyptian authorities seemingly ignored Kassem’s documents and nothing changed for Kassem. After six months, Kassem became disillusioned with any hope for freedom and began a hunger strike, which inflamed his diabetic condition and caused him to die. Is Egypt...11 Oct A Response to Ramsey I
I appreciate Mike taking the time to respond. I’ll address his various criticisms in separate posts; here I want to focus on the amicus brief’s claim (p. 14) that Sosa requires a norm applies in ATS litigation only if it has “undisputed international acceptance,” a standard that is satisfied only if (p. 7) “the defendant’s alleged conduct [is] universally recognized as a violation of international law.” Fortunately for ATS litigation, the “undisputed” standard is an invention of the amicus brief. The word “undisputed” does not appear in Sosa...