Search: Affective Justice: Book Symposium: A Response
15 Apr Political Commitments: A Response to Professor Swaine
[This post was jointly authored by Duncan Hollis and Joshua Newcomer] Ed Swaine brings his typical thoughtful (and rigorous) method to our article, and we greatly appreciate his insights, not only for engaging with our ideas but also for suggesting how we might advance them in future scholarship. Since Ed has framed his comments as questions, we’ve endeavored to provide responses to each of his five questions below. 1. What is the international significance of political commitments? Our research produced lots of anecdotal evidence on the widespread use of political...10 Jun A Response to Lisa Laplante by Ronald Slye
[Ronald Slye is the Director of International and Comparative Law Programs and Professor at Seattle University School of Law] Lisa Laplante provides those of us interested in international criminal law, and more specifically the legitimacy of utilizing amnesties during a period of societal transition, with a valuable service by pointing us to, and carefully parsing, the Barrios Altos decision of Inter-American Court of Human Rights. It is a decision that, as she rightly states has not received as much attention as it deserves. While I am sympathetic to...06 Sep Targeted Killing Away from the Battlefield: A Response to Ken
...Red Cross’s Nils Melzer, who so argued in an important book, Targeted Killing in International Law. And also Notre Dame law professor Mary Ellen O’Connell, who has argued this proposition (as well as an associated claim that all participation by CIA personnel in the use of force is an international crime). I cannot say that these claims — although heroically urged by the advocacy groups and their academic allies — have a basis in the law of war as the US (or really, leading war-fighting states) has traditionally understood it....
04 Feb International Economic Law Symposium: Emerging Powers, Global Justice and International Economic Law
well considered decision. Although India is increasingly an exporter of capital, in the near term, India is likely attract more investor disputes against it. In addition, as Buser notes in his book, most of the signatories to the BITs did not consider these treaties as ‘hard’ legal instruments capable of enforcement and consequent monetary damages. Once they realised the perils of being parties to the investment treaties, their response was predictable to an extent. It is sound way to analyse the rising powers in four typologies – loyalists; reformers; revolutionaries;...07 Dec A Response to Gideon Boas by Christian De Vos
...with intermediaries.[3] It is important, then, that the OTP develop a detailed set of policies to guide its relationship with intermediaries. At the same time, such a focus should not diminish the work of intermediaries across other units of the Court as well, particularly the Victims Participation and Reparation Section, which remains grossly underfunded and understaffed. [1] Holly Dranginis, ‘The Middle Man: The Intermediaries of International Criminal Justice’, 21 August 2011 <http://justiceinconflict.org/2011/08/21/the-middle-man-the-intermediaries-of-international-criminal-justice/> [2] Draft Guidelines Governing the Relations between the Court and Intermediaries (August 2011) 2. [3] Ibid 3....09 Dec “Constitutionalizing” Global Administrative Law or Experimenting With a Hybrid Transnational Legal Order? (a Response by Karl-Heinz Ladeur)
[Karl-Heinz Ladeur is a Professor Emeritus at the University of Hamburg.] 1. Ming-Sung Kuo’s article proffers several hypotheses. One is that global administrative law can be regarded as an element of a “small c-constitutionalism” – as opposed to “large C-Constitutionalism” in a more fundamental approach to a transformation of international law into a new type of “global law beyond the state” (G. Teubner). The concept of “constitutionalism” has different meanings – this is a problem which might hinder a productive discussion. On the one hand it is focused...11 Jun A Response to Robert Ahdieh and David Fontana
I appreciate the comments from Professors Fontana and Ahdieh, and don’t have much to quarrel about with them. They offer useful correctives or supplements to my argument. On the question of the scope of the argument – that is, the nations where we can expect convergence in constitutional law – my essay notes one important exception, and Professor Fontana raises a question about another. My essay excepts resource-extracting nations from its scope, largely because such nations do not need to compete with respect to attracting significant numbers of...08 Jun A Response to Anne Gallagher by Ryszard Piotrowicz
[Ryszard Piotrowicz is a Professor of Law at Aberystwyth University] I would like to make three points in relation to the articles by Prof. Hathaway and Dr Gallagher. First, It seems to me that Dr Gallagher effectively refutes the basic argument of Prof. Hathaway, that the developments in trafficking in human beings (THB) have served to distract attention from what is asserted to be the much wider problem of slavery. I do not wish to comment on the core issue of that debate but rather to focus on...