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...27 Feb A Response to Kontorovich and Gallagher About Piracy (Updated)
...League of Nations report and the Harvard commentary during the drafting of what would become the High Seas Convention’s definition of piracy. To her credit, Maggie acknowledges (in the article in the Journal of International Criminal Justice she mentions in her comment) that the Harvard commentary does not limit the “exception” to piracy to recognized belligerencies. But she misunderstands the nature of belligerent recognition (emphasis mine): The commentary to the Harvard Draft suggests the ‘private ends’ requirement was originally intended to exclude from the definition of piracy only the acts...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...
23 Dec Culture as Key to Realising Rights in Times of Crisis: COVID19
...for Governments to already have contacts and collaborations with cultural actors so that avenues for dialogue are already in place before crises arise. In fact, States are obliged by international law to consult with community actors regarding health goods, facilities, and services. Rather than thinking only about law and policy to implement rights and crisis response measures, States need to also use the rich cultural resources and assets available. In this way my argument is for response measures to go beyond both the law as well as the State, with...18 May A Response to Brad Roth by Jean d’Aspremont
...Court of Justice pertaining to declaration of the unilateral declaration of independence in respect of Kosovo: http://www.icj-cij.org/docket/files/141/15738.pdf) as well as the contention that self-determination has grown into a principle that regulates secession. There is no doubt that self-determination has significantly impacted the creation of states in the second half of the 20th century. That legal principle bears upon factual developments which are the essence of the political project behind international law. It is however going one step too far to claim that the factual effect that self-determination can bear automatically...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...02 Dec A Response to Milanovic
In Extraterritorial Application of Human Rights Treaties: Law, Principles, Policy, Marko Milanovic has written an illuminating and comprehensive analysis of the increasingly contested question of the geographic scope of human rights treaties. Of course, this is a dynamic area of law—as Marko notes, many of the cases he examines are of quite recent vintage—so undoubtedly he will be at work on second addition in a few years. But for now, this book provides a closer reading and a more detailed, one might even say exhaustive, survey of the relevant issues...17 Apr A Response to Margaret Lewis by Professor Jaw-perng Wang
[Jaw-perng Wang is Professor of Law at National Taiwan University] I am very impressed that a foreign scholar, especially a common-law trained one, could have a precise picture of Taiwan’s criminal procedure and its history and recent reforms. Without spending tremendous time and effort, an article that accurately and meticulously reports Taiwan’s criminal procedure, like this one, could not possibly be produced. In addition, I must confess that several parts of the detailed report of Taiwan’s practice did not come to my attention until after reading this article....
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 –...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....