Search: Affective Justice: Book Symposium: A Response
10 Apr Response to The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and the Jus in Bello in the Contemporary Law of War.
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...24 Nov First Strikes & NIAC: Thoughts on the Haque/Horowitz Debate
...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...17 Feb Clear Skies and Kyoto: A Response
...coal-burning power plants . The administration bases its opposition to NSR primarily on the fact that the program has negatively affected energy projects, but Christine Todd Whitman (whom, Easterbrook also incorrectly cites in his favor) revealed in her new book It’s My Party, Too that “at one meeting, after hearing one person after another lay blame for our energy crisis squarely at EPA’s door, I asked them to prepare a list of energy projects that were being delayed because of environmental laws and regulations. Nobody ever did.” Fourth, cap-and-trade systems...
28 Oct Winter is [Not] Coming: Game of Thrones as an Allegory for Climate Change & International Politics
...Game of Thrones functions as a powerful tool to demonstrate multiple facets of lacking climate action—from the repeated defeat and disillusionment experienced by those seeking to rally a collective response, to the surge of hope following an agreement to act, to the decision of certain nefarious actors to deliberately feign their cooperation and seek to manipulate the responses others for their own material benefit. There is further power in this mode of portraying themes surrounding collective action in a Sci-Fi television series that is so thoroughly apolitical, because it creates...14 Oct Guest Post: Air Strikes in Syria–Questions Surrounding the Necessity and Proportionality Requirements in the Exercise of Self-Defense
...to reinforce the argument of Tams and Devaney concerning the relationship between geography and self-defense actions against irregular forces. By way of contrast, several examples can be found during the UN era where a state condemned the remoteness of the response taken in self-defense against both state and non-state actors. For example, when the US claimed that its 1986 aerial bombing of Libyan territory had been validly undertaken in response to imminent attacks from Libyan-sponsored terrorists (UN SCOR, 2674th mtg, UN Doc S/PV.2674 (15 April 1986); Stanimir A. Alexandrov, Self-Defense...25 Jan A Response to David Sloss by Carlos Vázquez
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,...
09 Dec COVID-19 and Africa Symposium: The COVID-19 Pandemic–A Dark Cover for Cracking Down on Free Expression in Eswatini and Zimbabwe
a state of disaster, while Eswatini declared a state of emergency. Despite these differences in approach, COVID-19 response measures implemented by both countries are legally required to comply with the above described standards of necessity and proportionality. As part of their COVID-19 response measures, both Eswatini and Zimbabwe enacted regulations which restricted freedom of expression by criminalising the spreading of false information. In Eswatini, the regulations criminalised the “[spreading] of any rumour or unauthenticated information regarding COVID-19” and spreading “any rumour or unauthentic information regarding any measure taken by the...31 Jan Competition and Control: A Response to Professor Cogan
...two tribunals that Jacob identifies as immune from competition and therefore at risk of “market failure.” (pp.444-45) The recently-concluded Treaty of Lisbon delegates new powers to the European Court of Justice (ECJ) to interpret the now legally binding Charter of Fundamental Rights of the European Union as well as EU criminal justice agreements. A similar trend is underway in the European human rights regime. Until 1998, the jurisdiction of the European Court of Human Rights (ECHR) was optional. That changed with the ratification of Protocol 11, which made jurisdiction compulsory....