Search: Affective Justice: Book Symposium: A Response
01 Mar YJIL Online Symposium: First Response to Michael Glennon
[Anthony Clark Arend is a Professor of Government and Foreign Service at Georgetown University]. When the Obama Administration came into office over a year ago, it was faced with a daunting task. The previous Administration had run rough-shot over international law dealing with the use of military force. A man that would be Attorney General would call the Geneva Conventions “quaint,” torture would be defined away by the Vice President and others, the United States would launch an invasion of Iraq in a move that many believed...10 Jun Response by Professor Weisburd
Odette Lienau’s Who is the “Sovereign” in Sovereign Debt? provocatively argues that Chief Justice Taft’s method of analysis in his 1923 arbitral award in the so-called Tinoco arbitration offers a useful approach to controversies over so-called odious debts owed by states, that is, debts incurred for purposes unrelated to the well-being of the population of the state responsible for the debt. Lienau argues that Taft applied what she calls a “rule of law” approach, making the enforceablility of the obligations in question in that arbitration dependent upon the compliance of...23 Nov A Response to Steven Freeland by Frans G von der Dunk
[ Frans G von der Dunk holds the Harvey & Susan Perlman Alumni and Othmer Chair of Space Law at the University of Nebraska College of Law.] The contribution of Professor Freeland to the important debate on the legal aspects of private manned spaceflights, as per his article ‘Fly Me to the Moon: How Will International Law Cope with Commercial Space Tourism’ is a thoughtful and enlightening exposé of some of the key legal issues involved in that debate, and I very much agree with the general thrust...08 Feb A Response to David Schleicher by Erin F. Delaney and Samuel Issacharoff
[Erin F. Delaney, a Research Fellow at Columbia Law School (she holds a Ph.D. from Cambridge University and a J.D. from the NYU School of Law), & Samuel Issacharoff, the Reiss Professor of Constitutional Law at New York University School of Law, respond to David Schleicher, What If Europe Held an Election and No One Cared?] Eurodemocracy Multilevel democracy is difficult. Voters have limited time and even less information. Political parties provide the indispensable integrative mechanism for the polity and bring order to the chaotic political marketplace. But...11 Oct A Response to Kevin Heller (Part 2)
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...07 Mar Co-Opting Universal Jurisdiction? A Gendered Critique of the Prosecutorial Strategy of the German Federal Public Prosecutor in Response to the Return of Female ISIL Members: Part II
...have lived in (and likely participated in the capturing of) the seized houses as well? Without intending to undermine the role(s) of women within ISIL, prosecutorial responses should not manifest in war crimes charges against female returnees disproportionate to the terrorism charges faced by male (foreign) fighters. Particularly, such a strategy crucially lacks an informed gender analysis of ISIL. While it is true to say that women’s roles in ISIL have been significantly underestimated, one needs to bear in mind the extent to which women were subjected to the strict...
20 Dec On Forcing Civilians to Remain in Hostile Zones: The Prohibition of Shielding and the Corresponding Obligations of an Attacking Party Under International Humanitarian Law
[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...24 Jan A Response to Kevin Jon Heller by Carsten Stahn
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...03 Jul A Response to David Zaring
...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...22 Feb Israel Does Not Have a Sovereign Claim to the West Bank: A Response to IJL’s Legal Opinion
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...