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Search: Affective Justice: Book Symposium: A Response

10 Jan

put in practice. The emerging new economic governance architecture appears to ascribe a much more central role to supranational institutions like the European Commission and the European Court of Justice in monitoring and enforcing fiscal discipline. The adoption of the ‘six pack’ of legislative measures plays with the metaphor of a more muscular response at EU level in ways that places emphasis not only on the role of the Commission as the initiator of legislative responses but also the alliance between the Commission and the European Parliament in toughening up...
10.01.12 | |

16 Nov

[Mary Crock is Professor of Public Law at the University of Sydney] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Although Australia identifies as a member of the United Nation’s ‘Western European and Others’ Group (‘WEOG’), it has now enacted laws that place it much more comfortably as an Asian nation. Unlike the WEOG countries, few Asian nations are party to the Refugee Convention (‘Convention’), or to any of the major human rights conventions other than...
16.11.12 | |

09 Mar

week: the impact of international human rights treaties on domestic constitutions. Christopher N.J. Roberts’ comments wondered whether the UDHR can be considered a template for domestic changes and what the impact of domestic legal culture is on the understanding of similar rights. Tom Ginsburg responded here. The second article of the symposium was Natalie Lockwood’s article on International Vote Buying, for which William Burke-White provided the response. He questioned whether a legal prohibition on vote buying would be effective, but applauded the article for its re-examination of the role of...
09.03.13 | |

20 Oct

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...
20.10.09 | |

27 Jan

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...
27.01.09 | |

04 Feb

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...
04.02.10 | |

04 Feb

...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...
04.02.10 | |

14 Apr

[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....
14.04.10 | |

15 Oct

[Professor Gregory Gordon is Assistant Professor of Law at the University of North Dakota School of Law. Anne Kjelling is Head Librarian at the Norwegian Nobel Institute.] We would like to thank Professor Roger Alford, the Virginia Journal of International Law and Opinio Juris for inviting us to participate in this online symposium. Professor Alford is to be congratulated on his insightful piece regarding the impact of the Nobel Peace Prize on the development of international law. The article analyzes 20th Century global norm formation through the revelatory filter of...
15.10.08 | |

04 Feb

[Michael P. Vandenbergh is Tarkington Professor of Law; Director, Climate Change Research Network; and Co-Director, Regulatory Program at Vanderbilt University Law School. Mark Cohen is Vice President for Research, Resources for the Future; Director, Vanderbilt Center for Environmental Management Studies; Professor of Management and Law, Owen Graduate School of Management at Vanderbilt University.] Daniel Abebe and Jonathan Masur have made an important contribution to the international climate literature by emphasizing the importance of understanding China’s administrative and economic constraints. They argue that China does not have the incentive...
04.02.10 | |

13 May

Thanks to Jon for his richly detailed post. It’s true that the last great wave of immigration, at the turn of the nineteenth to twentieth centuries, witnessed some of the same phenomenon, including circular migration and the flowering of immigrant enclaves. But there are at least two developments which make the current picture a very different one. 1. New rules relating multiple citizenship. In the old world, one could go home, but you couldn’t take your US citizenship with you. Although dual nationality per se wasn’t illegal, hairtrigger...
13.05.08 | |

06 Feb

Chris Borgen taxes me with not paying enough attention to the ways in which the responses of non-Anglo-American powers to the Anglo-Americans may reflect their own hopes and plans for the world, rather than a simple dislike of Anglo-American plans or values. I think the two are connected; people dislike the Anglo-Americans both because they don’t like what we have in mind and because our plans and activities frustrate hopes and wishes of their own. God and Gold deals with these issues at some length in the last section; rather...
06.02.08 | |