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Search: Affective Justice: Book Symposium: A Response

25 Jan

of non-self-executing treaties was relevant only to Chief Justice Marshall and one other Justice, and that was because these two Justices construed Article 8 to require the United States to recognize these grants as if the land had in fact belonged to Spain between 1803 and 1819. These two Justices were inclined to accept such a construction because a declaration was appended to the treaty specifying that, notwithstanding Article 8, three specified grants did not need to be recognized. One of these three specifically excluded grants lay in territory that,...
25.01.12 | |

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 | |

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 | |

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...
16.10.07 | |

07 Jun

The Office of the Prosecutor has filed its response to Libya’s challenge to the admissibility of the cases against Saif Gaddafi and Abdullah al-Senussi. There are a number of interesting aspects to the response. First, it says nothing about the case of al-Senussi. That’s a curious omission, given that the response specifically points out with regard to Saif (para. 41) that he remains in the custody of the Zintan rebels, making it possible that Libya is “unable” to prosecute him. If there is an open question about Libya’s ability to...
07.06.12 | |

02 Mar

[Matthew Waxman is an Associate Professor of Law at Columbia University Law School.] I am delighted to comment on Professor Blum’s provocative and thoughtful Article . The Article highlights in new ways a fundamental tension within international humanitarian law (IHL): that this body of law that disallows “lesser-evil” analysis in many contexts is itself a giant exercise of lesser-evil judgment, that the risks of prolonging and legitimizing warfare are worth the cost of protecting some humanitarian interests during it. Professor Blum injects new thinking to some long-running...
02.03.10 | |

03 Apr

[Daragh Murray is a Lecturer at the University of Essex School of Law and Human Rights Centre.] Thanks to Kevin for his post engaging with some of the issues discussed in my recent article on detention authority in non-international armed conflict. I would like to take this opportunity to provide a quick overview of my argument as relevant to this post, to discuss Kevin’s prohibition v. regulation argument and some of the other points he raised, and to highlight a key proposal developed in the article but not...
03.04.17 | |

23 Nov

...its mandates and guidelines. On the other hand, legitimacy is less than law since without the “officialization” and the operational dimension that law constitutes, legitimacy is no more than an idea and cannot be made a reality. A second element which requires further elaboration is the relationship between legitimacy and justice. Professor Thakur alludes to the link between justice and legitimacy, the latter being namely an expression of the former. But what about the connection between power and legitimacy and what this means for legitimacy’s ability to serve a justice...
23.11.10 | |

12 Feb

I thank Professor C. Ford Runge for his comment on my article and agree with his analysis that places biofuels within a larger picture. From the Brazilian perspective, such heavy subsidies used by the United States and the European Union constitute the very “Gordian knot” of the negotiations in the Doha Development Round of the World Trade Organization. Naturally, that does not apply only to Brazil, but to all developing countries whose agricultural exports are heavily taxed. Ethanol from Brazil is just the newest product to face that...
12.02.10 | |

12 Feb

[C. Ford Runge is the Distinguished McKnight University Professor of Applied Economics and Law at the University of Minnesota.] Mairon G. Bastos Lima is to be congratulated for his coherent and ambitious proposal to rationalize the governance of biofuels through multilateral applications of the Rio and Good Governance principles. As he correctly observes, biofuels policies are highly nationalistic and lack even a rudimentary multilateral structure. Although he is right in his criticism, and constructive in his proposed alternatives, the analysis should be placed in a larger perspective. Biofuels...
12.02.10 | |

22 Mar

Over the past couple of years, a number of scholars — including me — have debated whether IHL implicitly authorises detention in non-international armed conflict (NIAC.) The latest important intervention in the debate comes courtesy of Daragh Murray in the Leiden Journal of International Law. As the article’s abstract makes clear, Murray is firmly in the “IHL authorises” camp: On the basis of current understandings of international law – and the prohibition of arbitrary detention in particular – it is concluded that international humanitarian law must be interpreted...
22.03.17 | |

31 Aug

...— we have heard this, and been horrified by the results, so many times before. Despite what the title of my op-ed implies, there are numerous ways the US could continue to try to limit Assad’s capacity to harm his people that do not involve bombing Syria. Hathaway and Shapiro suggest some of the possibilities. Richard Falk has outlined clearly the risks, drawbacks, and dangers of a military response against Assad. The more considered response would be to intensify economic and diplomatic pressure on Assad and his supporters abroad. My...
31.08.13 | |