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Search: Affective Justice: Book Symposium: A Response

04 Jun

...bring into play the inherent right of self-defense.” The legality of forceful responses to attacks on merchant vessels is slightly more complicated. It is generally accepted that a state may take measures to protect its merchant fleet and vessels flying its flag, such as by providing military escort to these vessels while traversing areas of conflict or tension. If, however, a merchant vessel is attacked the question becomes the nature and extent of the permissible response by the flag-state. It is probably uncontroversial to claim that if a merchant vessel...
04.06.19 | |

08 Dec

[Marko Milanovic is a Lecturer in Law at the University of Nottingham School of Law.] In their timely article Brilmayer and Tesfalidet address an important issue of general international law – when should states bear obligations to either put an end to or not contribute to violations of international law by other states, even when the obligation in question is not owed to them specifically. They challenge the orthodox view that by and large it is not any one state’s business whether third states comply with their obligations...
08.12.11 | |

07 Jul

I am very pleased to be able to comment on Ingrid Wuerth’s recent article, Foreign Official Immunity Determinations in U.S. Courts: The Case Against the State Department. As readers of this blog are aware, the Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) generally does not apply to suits against individual foreign officials, and that the immunity of such officials is to be determined instead as a matter of common law. The Executive Branch is now claiming (as it claimed before Samantar)...
07.07.11 | |

17 Oct

...obligation. (The President’s memorandum may do so, but I don’t understand Roger to be asking about that). You have to interpret treaties, like contracts, fairly and consistently with the background assumptions of the parties, and neither the Optional Protocol nor the UN Charter indicates that states were contemplating domestic-court enforcement when they signed on. Contrast, for example, the New York Convention on international commercial arbitration, which clearly contemplates domestic judicial enforcement of international arbitral awards. Second, on Justice Ginsburg’s “middle way,” I don’t read her dissent quite the way Roger...
17.10.07 | |

03 Jul

...mere minutes to evacuate especially when they have no sense where safety might be. I think this would hold true irrespective of the parties involved. Moreover, the report points equally to violations of the other side, but seemingly with regard to these there is never any controversy. Palestinian authorities don't provide credible accountability, the strikes against civilians are pervasive, the whole findings section starts with these. P.S. The link to Israeli authors book is pointing to your own computer, Kevin, and thus is not working. Akiva Kevin, A few points....
03.07.15 | |

13 Apr

...and transform it into an issue of human welfare and dignity. Finally, I agree with Peter that the questions of how norms should be harmonized and what process will be most successful in achieving this goal are crucial. The answer to these questions will depend on the context, and this points to a need for further empirical research into how norms of access and exclusivity have been translated into domestic law. My thanks again to Peter, Opinio Juris, and YJIL for this online symposium. I welcome further comments at molly.beutz@nyls.edu....
13.04.09 | |

13 Apr

Let me begin by thanking Opinio Juris and the Yale International Law Journal for hosting this online symposium. In “Protecting Rights Online,” Professor Molly Beutz Land has written a highly interesting article that seeks to bridge the disciplinary and doctrinal divide between the human rights and access to knowledge (A2K) movements. The article is well-written, accessible and provocative. It has made an important contribution to the debate about issues lying at the intersection of human rights and global information governance. It is particularly refreshing to find Molly staying away from...
13.04.09 | |

16 Oct

As an initial matter, thanks to Professor Craik for his kind and well-thought out comments to our article. I should note that Neil has done some wonderful work on transnational environmental governance and the use of environmental impact assessments. Just as one example, his paper on deliberation and legitimacy in transnational environmental governance is excellent and well worth the read. But on to the task at hand… To a large extent, Neil agrees with our analysis on the loosening restrictions on extraterritoriality. Yet Neil is somewhat unconvinced...
16.10.07 | |

09 Dec

...of non-international armed conflict, it seems plausible that Al Warafi could refute his detention under international humanitarian law. Although the Court had correctly ruled that Article 24 did not apply, it did so on misguided grounds. In Al Warafi’s case, Article 24 was inapplicable because the conflict was not of a nature to trigger its application, nor was the petitioner a proper subject of this provision. Although Justice Brown identifies common Article 3 at the appropriate framework for considering the legality of Al Warafi’s detention in his concurring opinion for...
09.12.14 | |

08 Dec

[Chiara Giorgetti is an Adjunct Professor at Georgetown Law Center and a member of the International Arbitration Group at the Washington, D.C. office of White & Case.] I am very pleased to join this discussion on Professor Lea Brilmayer and Isaias Yemane Tesfalidet’s upcoming article on third State obligations and the enforcement of international law. In their article, Brilmayer and Tesfalidet argue that States have a positive obligation not to contribute to another State’s violation of a victim’s legal rights, and propose that liability is triggered only when...
08.12.11 | |

11 Feb

...strictly speaking, be a loss of a state’s reputation for compliance with international law, but it might nevertheless be a costly loss of reputation for cooperation. This certainly seems to be what has happened to the United States with respect to both the ICC and the Kyoto Protocol. So as you suggest, Roger, there is a close connection between accepting an international legal obligation and complying with it. My book does discuss how joining a treaty can help a country to gain reputation, and how the presence of a treaty...
11.02.08 | |

23 Nov

I would like to thank Professor von der Dunk – who is a close friend and highly respected colleague – for taking the time to provide his thoughtful responses to my article ‘Fly Me to the Moon: How Will International Law Cope with Commercial Space Tourism’, published recently in the Melbourne Journal of International Law. Professor von der Dunk and I have worked in collaboration on several research projects and he is a very highly regarded scholar in matters relating to the international, and national, regulation of the use and...
23.11.10 | |