In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

06 Dec

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...
06.12.11 | |

17 Jan

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...
17.01.12 | |

16 Jan

...international reaction, with the immediate adverse consequences for our conduct of foreign policy. It will undermine public support among critical allies, making military cooperation more difficult to sustain. Europeans and others will likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice. It’s hard to be more prescient than that. Eric is of course right that personalities and closeness to the President (or, importantly in this administration, the Vice President) can affect who wins or loses the policy fight. But...
16.01.07 | |

18 Nov

[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...
18.11.13 | |

26 Sep

[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....
26.09.12 | |

10 Oct

...on two broad aspects of teaching racial injustice in international law: the timing of such teaching; and addressing one’s own identity in the classroom. Timing As Dr al Attar notes, including racial injustice in the international law curriculum is a worthwhile exercise regardless of whether such material is offered in a standalone module or stranded into existing courses. Yet neither approach is perfect. In the 2021-2 academic year, I piloted a postgraduate taught course titled “Critical Approaches to International Law” at the Utrecht University Law School. More than 25 students...
10.10.22 | |

12 Apr

...justice, and his corruption. As Trump well knows, Americans love nothing more than high-def images of American bombs falling from the skies. No matter how many innocent civilians die (especially brown ones), an attack on Syria will give his approval ratings a healthy boost. That is all the motivation he needs. That Trump will act with base motives does not mean, however, that an attack on Syria would be unlawful. Illegality has to be demonstrated, not assumed. So let’s start with some basic principles. Syria is a sovereign state. Russia...
12.04.18 | |

17 Apr

...at the outset. The overlooked challenge of efficiency-driven reforms, in tandem with the adversarial system, highlights a compromise between the reformers and their powerful and persistent opponents that creates the appearance of a serious reform but leaves substantially intact the turf that had been occupied by the prosecution before the Grand Justices’ 1995 decision stripped off the prosecutors’ monopoly on imposing pre-indictment detention. The outgrowth of the 1995 decision, among others, was the 1999 conference launching judicial reform and setting the stage for the new adversarial system, but the needed...
17.04.09 | |

08 Dec

[Justine Nolan is a Senior Lecturer in the Faculty of Law, University of New South Wales] I am in concurrence with the timely article co-authored by Odette Murray, David Kinley and Chip Pitts in the Melbourne Journal of International Law and agree that the death of the Alien Torts Statute (‘ATS’) owes more to exaggerated rumours than legal substance. The article dissects the legal reasoning of the United States Court of Appeals for the Second Circuit in Kiobel v Royal Dutch Petroleum [1] and argues that the majority...
08.12.11 | |

02 Dec

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...
02.12.11 | |

17 Apr

I am grateful to Mr. Li and Professor Wang for their thoughtful comments and am flattered by their praise. The very fact that a lawyer and a law professor speak of their criminal justice system with such insight and candor highlights one of the most laudatory aspects of Taiwan’s legal reform project: A transparent, open debate over the best path for Taiwan. During the course of my research, I was deeply impressed by the transcripts of lengthy legislative debates during which a number of experts from the judiciary, executive branch,...
17.04.09 | |

12 Jun

Professor Bodansky is absolutely right that the success of U.S. climate change policy depends on whether our leaders can align domestic and international efforts. Unless the United States does its fair share, other nations will not do theirs. And yet a purely international solution – untethered to domestic political realities – has little chance of securing U.S. participation. Bodansky’s own solution is a two-tier target – an initial level of effort that the United States pursues unilaterally, without pre-condition, and a second, more ambitious, mitigation target that the...
12.06.09 | |