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Search: Affective Justice: Book Symposium: A Response

11 Jun

...some substantive responses to his article. First, let me discuss my questions about methodology and calls for clarification. Before being asked to evaluate Tushnet’s claims, I would want to know more clearly precisely which countries he is referencing. He talks about “nations that compete internationally for investment and human capital, with classes of lawyers able to assert some autonomous pressure on a nation’s government.” Does that include China, which surely meets the first criteria, and maybe less so the second criteria? Does that include Colombia, which is better on the...
11.06.09 | |

02 Feb

[Guy Mundlak is a Professor at Tel Aviv University Buchmann School of Law] I opted for law school because I wanted to take part in the practice of human rights. Several years later I found myself deeply engrossed in the study of labor law. At the time, Israel was still considered to be strongly collective, solidary, and densely covered by collective agreements. Being organized was not a contested topic. However, the rights of Palestinians, minorities and identity groups were considered to be fragile. Over time, I learned that...
02.02.10 | |

09 Apr

[Colleen M. Flood is the Canada Research Chair in Health Law and Policy at the University of Toronto Faculty of Law; Y.Y. Brandon Chen is a doctoral candidate at the University of Toronto.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. In this thought-provoking article, Cohen proposes a six-prong framework to assess whether medical tourism diminishes health care access in destination countries. This kind of theoretical contribution...
09.04.12 | |

27 Feb

...League of Nations report and the Harvard commentary during the drafting of what would become the High Seas Convention’s definition of piracy. To her credit, Maggie acknowledges (in the article in the Journal of International Criminal Justice she mentions in her comment) that the Harvard commentary does not limit the “exception” to piracy to recognized belligerencies. But she misunderstands the nature of belligerent recognition (emphasis mine): The commentary to the Harvard Draft suggests the ‘private ends’ requirement was originally intended to exclude from the definition of piracy only the acts...
27.02.13 | |

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 of...
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 | |

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 | |