Search: Affective Justice: Book Symposium: A Response
20 Oct YJIL Symposium – Response to Professor Chander
auspices of the GATS. WTO members’ services schedules were not negotiated necessarily with the expectation that the principles of technological neutrality and dematerialization will be applied. If these principles are enacted, this action may trigger two potential responses. First, some WTO members may exercise their GATS Article XXI right to opt-out of past commitments. Second, even if they do not, WTO members may slow down the pace of services liberalization in light of the increased cost. Neither development is positive, even if the principles triggering the responses are. I am...27 Jan A Response to Dr. Gerstenberg
I am very grateful to Oliver Gerstenberg for commenting on my paper. As always, Oliver’s illuminating comments go to the heart of the matter. His defense of a minimalist approach to the ECJ offers an alternative to the presumably “maximalist” proposal I defend in my article. I accept this label for the purpose of our exchange. At one level, Oliver worries about the implications of a “politicized” Court whose members disagree sharply and publicly about matters of great consequence to the future of Europe and its citizens. He...04 Feb A Response to Tom Ginsburg, Michael Vandenbergh, Mark Cohen, and Jonathan Wiener
We are very grateful to Professors Ginsburg, Vandenbergh, Cohen, and Wiener for engaging in this dialogue with us. The value of discussing these issues with such leading scholars in the field cannot be overstated. Professor Ginsburg’s very helpful comments push us to focus on two main points: (1) the U.S. has similar internal dynamics that make committing to a climate change agreement difficult; and (2) China can more easily implement an agreement when it commits to “environmental policy . . . over growth.” Professor Wiener’s post makes the...04 Feb A Response to Daniel Abebe and Jonathan Masur by Jonathan B. Wiener
...Stewart and I argued in our book Reconstructing Climate Policy (2003), is through international allowance trading, with China receiving an implicit side payment in extra headroom allowances, and using these to trade back to the US and Europe in return for technology. Thus, the side payment would be delivered in myriad competitive private transactions, a much more cost-effective, and more politically palatable, approach; indeed, US firms would be selling technology to China in return for allowances obtained at lower cost than domestic US abatement. Finally, and perhaps most interestingly from...14 Apr A Response to Christopher Bruner by Brian Cheffins
[Professor Brian Cheffins is the S.J. Berwin Professor of Corporate Law at the University of Cambridge Faculty of Law] As Prof. Bruner points out in his insightful Article, in the literature on comparative corporate governance, there is a tendency to treat the United States and the United Kingdom as being very similar across key dimensions. He shows convincingly that in fact there are key differences between corporate governance in the two countries, focusing in particular on greater “shareholder-centrism” in British public companies in comparison to their U.S. counterparts....04 Dec The OTP’s Afghanistan Investigation: A Response to Vogel
...“the potential cases being considered for investigation by the Office” — not on the general availability or effectiveness of the domestic criminal-justice system in question. It is thus irrelevant that “[t]he United States has one of the most developed and effective military justice systems in the world, which has the demonstrated ability and willingness to hold its own accountable for violations of the law, including any violations in the context of detention operations.” The only question is whether the US is investigating the same cases as the OTP. Second, and...21 Jun UNCLOS and Dispute Settlement: A Response to Professor Rabkin
[John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law.] I do not share Professor Rabkin’s pessimistic view of the prospect of international arbitration of law of the sea disputes under the Law of the Sea Convention. LOS Convention tribunals and the law of the sea experts who serve as judges and arbitrators have helped to resolve disputes peacefully and to reinforce Convention rules. For example, in the merits stage of the M/V “Saiga” (No. 2) case, the International Tribunal for...28 Jan A Response to Professor Huang
We appreciate Professor Huang’s comments, especially his praise, of course. We probably do not differ with his view that much. We do not believe that the AML will easily become effective – its enforcement in many areas is likely to suffer setbacks, given the looming turf battles that the AML Enforcement Agency (AMLEA) is likely to have with existing economic regulators. Of course, whether the AML can be directly enforced is an important question. Having just heard FTC Chairman Kovacic talk at the AALS Meeting about how, for...
20 Dec On Forcing Civilians to Remain in Hostile Zones: The Prohibition of Shielding and the Corresponding Obligations of an Attacking Party Under International Humanitarian Law
[Chris McQuade is a Senior Teaching Fellow in Law at the University of Portsmouth. He holds a PhD in International Law from the University of Sussex and researches in the fields of public international law, international humanitarian law and international and domestic human rights law.] In response to the October 7 attack by Hamas, the Israeli army has engaged in an intense military campaign in the Gaza strip over the past three months. As the campaign has escalated in its ferocity, so too has criticism of the Israeli response (among...