Search: Affective Justice: Book Symposium: A Response
09 Dec Global Administrative Law & The Challenge of Legitimacy: a Response by David Gartner
[David Gartner is an Associate Professor of Law at the Sandra Day O’Connor College of Law, Arizona State University.] Thanks for the opportunity to offers some thoughts on Ming-Sung Kuo’s provocative and interesting article entitled Taming Governance with Legality: Critical Reflections Upon Global Administrative Law as Small-c Global Constitutionalism, which highlights some of the key tensions within the project of Global Administrative Law (GAL). The core underlying concern that the article raises about whether Global Administrative Law adequately addresses the challenge of fostering legitimate and meaningful participation within...
26 Oct Climate Change and LGBTQ Rights
into global responses (through the 2022 UN General Assembly recognition of a right to a healthy environment for example). However, achieving climate justice will require an evolution of current climate policy perspectives to ensure LGBTQ people are accommodated in the climate response. This could involve the allocation of resources specifically for the LGBTQ community, monitoring of the LGBTQ rights situation in countries affected by climate change, and consultations with local LGBTQ representatives (where possible) to enshrine legal and economic protections for the community during climate mitigation and adaptation efforts. Whatever...
25 Sep Judicial Dialogue between the Three Human Rights Courts on the Impact of COVID-19 on Human Rights: Extracting the Essentials
on this blog here, on EJIL: Talk! here and OxHRH here). Whilst acknowledging that the majority of the derogations notified to the Council of Europe have now been withdrawn, the judges nevertheless expressed concerns over their usage. They remarked that ECHR derogations should not become commonplace and reaffirmed that they do not provide states with carte blanche to adopt any measures they wish in response to the pandemic. The ECtHR judges set down four general principles to be followed by states adopting measures in response to the pandemic: 1) Measures...06 Dec A Response to Anastasia Telesetsky by Karen Scott
Professor Telesetsky, in her generous comments on my article in volume 12(1) of the Melbourne Journal of International Law, raises two pertinent questions. First, why has there been a profusion of cooperative efforts across treaty bodies and second, what are the linkages that are most effective in compelling compliance with treaty regimes? In relation to the first question, Professor Telesetsky disagrees with my observation that MEAs are ‘increasingly regarded as international actors who are “capable of driving a normative agenda’”. She goes on to note that the ultimate...17 Jan Ohlin Response to Rona
Jens Ohlin has continued the conversation about IHL and IHRL at LieberCode. Here is a snippet, self-servingly chosen because I want to comment on it: It strikes me as curious that human rights activists are so quick to cabin CIL application of the IHL rules of IAC to NIAC. To my ear, it is one of the great advancements of the last few decades: that the rules of warfare must be respected and that no nation can ignore them simply because the armed conflict is internal. (Incidentally, this...06 Nov A Response to Alvaro Santos by Katherine V. Stone
...oversimplified claims of the legal origins theoretical framework that underlines the DB project, in which economic progress is equated with common law regimes (seen as “flexible”) and economic backwardness is associated with civil law regimes (seen as “rigid”). Even more useful is Santos’ demonstration that by focusing only on formal written law, the DB indicators badly mischaracterize the labor law regimes they purport to describe. Many factors make the law “in action” depart from the “law on the books,” as legal sociologists have long known. Santos uses examples from Mexico...18 Nov LJIL Symposium: A Response to Professor Gabby Blum and Professor Chris Kutz
[Dr. Janina Dill is a Hedley Bull Fellow at the Department of Politics and International Relations and Research Fellow in Politics at Merton College, Oxford] I am very grateful to Gabby Blum and Chris Kutz for their thoughtful comments on my paper. We agree on the fundamental challenge: killing combatants in accordance with the principle of distinction under International Humanitarian Law (IHL) is morally problematic. In my paper I engage the preferred remedy of a growing number of philosophers, which is to distinguish between individuals who are liable...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....