Search: Affective Justice: Book Symposium: A Response
23 Jan A Response to David Landau by Mark Tushnet
[Mark Tushnet, William Nelson Cromwell Professor of Law at Harvard Law School, responds to David Landau, The Reality of Social Rights Enforcement. This post is part of the Third Harvard International Law Journal/Opinio Juris Symposium.] David Landau’s article is an important contribution to a growing literature on the judicial role in enforcing social and economic rights. He joins others in noting that debate has ended over whether constitutions should include such rights and whether, if included, those rights should be judicially enforceable. (As does Landau, I put aside the U.S....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...05 Dec A Response to Milanovic
...to assert the applicability of human rights law to address concerns over the existence of legal “black holes.” As a result, although the trend had begun well before 9/11, in the last decade the International Court of Justice, the European Court of Human Rights, the Inter-American Commission on Human Rights, the Human Rights Committee (“HRC”) and the Committee Against Torture, the Human Rights Council, the General Assembly, and national courts and governments have been increasingly assertive in publicly recognizing that at least some human rights treaty obligations apply extraterritorially. The...23 Nov A Response to Frans G von der Dunk by Steven Freeland
I would like to thank Professor von der Dunk – who is a close friend and highly respected colleague – for taking the time to provide his thoughtful responses to my article ‘Fly Me to the Moon: How Will International Law Cope with Commercial Space Tourism’, published recently in the Melbourne Journal of International Law. Professor von der Dunk and I have worked in collaboration on several research projects and he is a very highly regarded scholar in matters relating to the international, and national, regulation of the use and...05 Feb AJIL Symposium: Is the Vienna Convention Hostile to Drafting History? A Response to Julian Davis Mortenson, Part 2
[Dr. Ulf Linderfalk is a Professor of International Law at the Faculty of Law at Lund University, Sweden. The first part of his comments can be found here.] In what sense does the VCLT give a description of the way to understand a treaty? The way Julian describes prevailing legal doctrine, the presumption against preparatory work is effectuated “by a set of threshold restrictions that relegate drafting history to ‘a carefully bounded and contingent role’, for use only … ‘when the text [of a treaty] cannot, in itself,...29 Sep Freedom From Religion Response – Four Points
As a pastor of a church I find Professor Guiora’s words both challenging and problematic. Here are four points: 1. Professor Guiora writes, “Society has historically – unjustifiably and blindly – granted religion immunity.” What society? Separating “society” from “religion” is very much a modern issue. Society didn’t grant immunity to anything. Rather, society was shaped by religion and was pretty much identified religiously in the West and in the East until the beginnings of the critical/historical/scientific “Age of Reason” stirrings. In the West it was the Church...
11 Feb No, Russia Can (Still) Not be Removed From the UN Security Council: A Response to Thomas Grant and Others: Part One
[ Joris van de Riet is a PhD candidate in jurisprudence at Leiden Law School. He holds LLM degrees in Public International Law and in Jurisprudence and Philosophy of Law from Leiden University.] In a two-part post for this blog, Thomas Grant has argued that it is both possible and desirable to remove the Russian Federation from the UN Security Council (see Part One and Part Two). Although he is not the only one arguing that the Russian Federation’s presence on the Security Council is illegitimate –...
06 Nov Forced Displacement of Armenians from Nagorno-Karabakh: A Response
...Prevention of Genocide Juan Mendez. It is also the subject of a standing and reaffirmed order by the International Court of Justice against Azerbaijan to end the blockade, which Azerbaijan has refused to comply with. Nor does Dr Bagheri take into account the widely reported background of long-standing Azerbaijani state-sponsored incitement of hatred against Armenians when Nagorno-Karabakh fell under Azerbaijan’s exclusive control (see e.g. ECRI Reports 2002, 2006, 2011, 2016, 2023; CERD Committee 2022, para. 4(d)). Live witness testimony during the mass exodus further confirms the Armenians’ experience of having left...26 Sep HILJ Symposium: A Response to Ozan Varol
[David Landau is an Assistant Professor and Associate Dean for International Programs at Florida State University.] This post is part of the Harvard International Law Journal Volume 53(2) symposium. Other posts in this series can be found in the related posts below. Professor Varol’s article “The Democratic Coup d’Etat” is an important piece of work and a key contribution to the newest wave of literature on democratic transitions. In addition, the piece is nicely crafted and carefully researched — both Professor Varol’s theoretical foundation and his case studies are persuasive....