Search: Affective Justice: Book Symposium: A Response
17 Apr A Response to Margaret Lewis by Nigel Li
...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...08 Dec A Response to Odette Murray, David Kinley and Chip Pitts by Justine Nolan
[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...17 Apr A Response to Mr. Li and Professor Wang
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,...23 Jul AJIL Symposium: Sadat response to Robinson and van Sliedregt
...about ethnocentricity. He noted it when I first work-shopped the paper a couple of years earlier, and made me rethink my own position about crimes against humanity, and focus upon World War II and particularly the Nuremberg precedent. While the horror of the holocaust will never leave us, it is undoubtedly important to understand the terrible suffering of today’s victims of atrocity crimes and not to minimize their sufferings or their claims to justice. Today’s ICC owes much to the Nuremberg (and Tokyo) precedents; but its establishment, mission and mandate...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...12 Jun A Response to Daniel Bodansky
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...16 Apr Exploring Diagonals Further: A Response to Professors Ruhl and Sayre
...& Policy symposium organized by Dan Mandelker and Dan Tarlock on New Directions in Environmental Law. The symposium explored how U.S. environmental regulation should develop through paired presentations on the history of major statutes and possibilities for the future. One thing that struck me throughout the dialogue was the complex interplay of science, scale, and law taking place in each of these substantive contexts. I think that we can learn from the experiments in horizontal, vertical, and diagonal governance that these statutes create—both in the provisions themselves and in the...12 Jun How to Achieve US Ratification of a New Climate Agreement: A Response to Nigel Purvis by Daniel Bodansky
[Daniel Bodansky is a Professor at the University of Georgia Law School] In the international climate change negotiations, new ideas are a scarce commodity. After almost twenty years of intensive work, most of the low-hanging fruit have already been plucked, and progress tends to be more incremental – a refinement to the possible types of emissions targets here, a new variation on a financing scheme there – these are the focus of attention. So Nigel Purvis’s proposal to enact US Climate Protection Authority legislation is no small achievement....