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Search: Affective Justice: Book Symposium: A Response

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 | |

27 Jan

Nikolas Stürchler, the Head of International Humanitarian Law and International Criminal Justice Section at the Swiss Federal Department of Foreign Affairs, has a new post at EJIL: Talk! discussing the ASP’s decision to completely exclude states parties from the crime of aggression unless they ratify the aggression amendments — the “opt-in” position advocated by a number of states, most notably the UK, Japan, and Canada. The post is very long and quite technical, so I won’t try to summarise it. Basically, Stürchler argues that the judges are still free to...
27.01.18 | |

16 Nov

[Dr Michelle Foster is an Associate Professor and Director of the International Refugee Law Research Programme in the Institute for International Law and the Humanities at the Melbourne Law School.] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Both Professor Crock and Professor Kneebone, in their respective contributions, raise interesting and important questions about state responsibility in the context of burden sharing/shifting schemes. Questions surrounding responsibility are vividly raised in the current scheme of transfer of...
16.11.12 | |

25 Nov

[Anne Herzberg is the Legal Advisor of NGO Monitor and the UN Representative for the Institute for NGO Research.] On November 2, 2021, Tara Van Ho, Senior Lecturer at Essex University, posted “The Unexpected Trade and Business Implications of Israel’s Attack on Al Haq” at Opinio Juris. In the piece, Van Ho condemns Israel’s designation of six Palestinian NGOs for their alleged affiliations with the Popular Front for the Liberation of Palestine (PFLP), in particular the designation of Palestinian NGO Al Haq, which she characterizes as the...
25.11.21 | |

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 | |

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 | |

11 Oct

In a prior post, I responded to some of Kevin Heller’s criticism of the professors’ amicus brief recently filed in the Nestle ATS case. Specifically, that post addressed issues arising from the Rome Statute of the International Criminal Court. Here I’ll take up Kevin’s criticism based on rulings of the International Criminal Tribunal for the former Yugoslavia (ICTY). To frame the argument, it’s important to emphasize that, as Julian Ku noted earlier, the brief does not see the ICTY as a primary source of customary international law. Customary...
11.10.11 | |

20 Dec

[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...
20.12.23 | |

24 Jan

view.. (iv) ‘Higher sentence’ – ‘better justice’ Finally, Heller’s theory operates on the critical assumption that a justice system based on ‘higher sentences’ provides better and more efficient justice than a system with potentially lower sentences. This vision appears to go against the very rationales of sentencing which typically preserves a great degree of flexibility in order to pay adequate tribute to individual interests. It is further ill-suited to provide an appropriate logic for forum choices in situations in which sentence and penalties may be of lesser importance, such as...
24.01.12 | |

03 Jul

...training in the law school context. Some law schools, such as Berkeley, Cornell, Harvard, Illinois, Leiden University, Northwestern, Penn, Stanford, University of Chicago, Vanderbilt, Washington University, and Yale have classes related to the empirical methods and the law (and apologies for the lack of a complete list in this regard for other law schools with separate courses focused on empirical methods). A casebook with an accessible teacher’s manual, such as the one being developed by faculty at the University of Illinois, goes a long way to filling this particular gap...
03.07.08 | |

22 Feb

Jonathan Turner Many of the points made in this post were addressed in the Statement submitted by ELNET and UKLFI to the ICJ under Practice Direction 12, particularly at paras 36-74: https://www.dropbox.com/scl/fi/engprq05vstavki5829h9/ELNET-Submission-to-ICJ-29-9-23-final.pdf?rlkey=sihxdzppww1wrw6i9ac2ptqlh&dl=0 Tamás Hoffmann I mostly agree with the analysis, but I have one minor correction. I think that the reference to Hungary is not really appropriate. Unfortunately I haven't read Wheatley's book yet but this short allusion to Hungary's statehood during the Austro-Hungarian Monarchy misses a crucial point: it was a monarchy, to be more precise, an Empire where...
22.02.24 | |