In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

11 Oct

I appreciate Mike taking the time to respond. I’ll address his various criticisms in separate posts; here I want to focus on the amicus brief’s claim (p. 14) that Sosa requires a norm applies in ATS litigation only if it has “undisputed international acceptance,” a standard that is satisfied only if (p. 7) “the defendant’s alleged conduct [is] universally recognized as a violation of international law.” Fortunately for ATS litigation, the “undisputed” standard is an invention of the amicus brief. The word “undisputed” does not appear in Sosa...
11.10.11 | |

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 | |

24 Nov

...hostilities. I see no convincing response to this criticism. It is tempting to argue that the organization requirement is important because a first-strike military operation against an organized armed group is much more likely to lead to actual hostilities than a first-strike military operation against an unorganized armed group. But Adil rejects the idea that hostilities are relevant to the application of IHL. He believes IHL should apply even if a first-strike military operation meets with no response whatsoever. Another potential response would be to argue that first-strike military operations...
24.11.16 | |

24 Aug

As regular readers may recall, I am skeptical that the use of chemical weapons, by itself, can justify the use of military force under current international law absent authorization from the U.N. Security Council. Of course, I wouldn’t oppose the use of military force by the U.S. to stop the use of chemical weapons in Syria, I just doubt its legality under international law. More importantly, so does President Obama. Although reports are out suggesting the U.S. is preparing to launch cruise missiles into Syria, President Obama also...
24.08.13 | |

02 Feb

I would first like to thank Professor Guy Mundlak for generously taking the time to respond to my Article, and Opinio Juris for hosting this forum. Professor Mundlak is very correct to note that over time civil liberties and socioeconomic matters have become more intertwined. What’s more, the overlapping identities and realms in which workers function mean that to be protected and empowered in the sphere of work, they must also be protected in other spheres of human functioning. The same holds true in the inverse. Accordingly, the...
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 | |

10 Apr

Thanks to the editors of Yale Journal of International Law and the hosts of Opinio Juris for the opportunity to comment on Rob Sloane’s terrific article, The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and the Jus in Bello in the Contemporary Law of War. The piece is, in my view, essential reading for law of war scholars. I find myself in broad agreement with much of Sloane’s analysis so in my necessarily brief comments I offer a series of questions aimed at clarifying or...
10.04.09 | |

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 | |