Search: Affective Justice: Book Symposium: A Response
18 Oct Book Discussion Informal International Lawmaking: Accountability and Domestic Implementation of IN-LAW
[Jan Wouters is Professor of International Law and International Organizations, Jean Monnet Chair Ad Personam EU and Global Governance, and Director of the Leuven Centre for Global Governance Studies and Institute for International Law at the University of Leuven (KU Leuven).] Once we conclude that IN-LAW is not devoid of impact and cannot be ignored as a normative process, the question of the accountability of the involved actors, processes, and output may be raised. This question is addressed in Part IV. Eyal Benvenisti (Chapter 13) ‒ one of...07 Apr Book Symposium: The Rise of Interpretive Communities in Treaty Interpretation
...Law’s Main Challenges” in D Armstrong (ed), Routledge Handbook of International Law (Routledge 2009) at 404. Schachter’s “invisible college” of international lawyers seems to have largely disappeared and has been replaced by a patchwork quilt of specialized international lawyers. Diverse interpretive communities have come to play an increasingly important role in treaty interpretation. This development raises concerns about the unity of international law, not just in relation to its interpretive methods, but also in relation the system as a whole. The challenge going forward is how to achieve a reasonable...08 Apr Book Symposium: Accounting for Difference in Treaty Interpretation over Time
[Julian Arato is an Associate-in-Law at Columbia Law School.] Interpretation in International Law is something of an iconoclastic volume, from its critical ethos to its provocative structure around the metaphor of the game. The object of its revisionism, above all, is an apparently stagnant formalism that seems too prevalent in the theory and practice of interpretation in international law today. Symbolic of this antiquated formalism – for the editors and for many of the contributors – are the rules of interpretation embedded in the Vienna Convention on the...07 Jul A Response to Roger Alford
Thanks to Roger Alford, Matt Waxman, Ken Anderson, Chris Borgen, and Peggy McGuiness for their interesting posts today. I wanted to respond to Roger’s very astute observation about 1993. We do write about the disaster on the national security side, but as he notes, Clinton also got NAFTA passed that year, which was a major achievement. It was really striking to us as we did the research for the book the difference between Clinton on economics and Clinton on national security in that first year. He was so confident of...30 Jul Gabor Rona on Targeted Killing: A Response to Michael Lewis
...the U.S. taking liberties with the principle of distinction will cause the next Srebrenica or that better U.S. targeting behavior will prevent it. But if the US is, indeed, the indispensable nation for promotion of international human rights, then just consider how Abu Ghraib and enhanced interrogation techniques affected the ability of the U.S. to complain about torture elsewhere and how that disability affects the will and ability of the international community to bring torturers to justice. Finally, Mike makes an interesting point in speculating that what people really object...
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...14 Oct Guest Post: Air Strikes in Syria–Questions Surrounding the Necessity and Proportionality Requirements in the Exercise of Self-Defense
...to reinforce the argument of Tams and Devaney concerning the relationship between geography and self-defense actions against irregular forces. By way of contrast, several examples can be found during the UN era where a state condemned the remoteness of the response taken in self-defense against both state and non-state actors. For example, when the US claimed that its 1986 aerial bombing of Libyan territory had been validly undertaken in response to imminent attacks from Libyan-sponsored terrorists (UN SCOR, 2674th mtg, UN Doc S/PV.2674 (15 April 1986); Stanimir A. Alexandrov, Self-Defense...31 Jan Competition and Control: A Response to Professor Cogan
...two tribunals that Jacob identifies as immune from competition and therefore at risk of “market failure.” (pp.444-45) The recently-concluded Treaty of Lisbon delegates new powers to the European Court of Justice (ECJ) to interpret the now legally binding Charter of Fundamental Rights of the European Union as well as EU criminal justice agreements. A similar trend is underway in the European human rights regime. Until 1998, the jurisdiction of the European Court of Human Rights (ECHR) was optional. That changed with the ratification of Protocol 11, which made jurisdiction compulsory....