Search: Affective Justice: Book Symposium: A Response
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...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 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,...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....
17 May Interview: Brigid Laffan on ‘Europe in the World: The Emergence of Collective Power Europe’
Until this summer, Brigid Laffan was director and professor at the Robert Schuman Centre for Advanced Studies and director of the Global Governance Programme at the European University Institute (EUI), Florence, where she has worked since 2013. In 2018, Politico ranked Laffan, a long time professor of political science who grew up in Ireland, among the women who shape Europe. Laffan is a leading thinker on the dynamic of European integration. She has published a number of important books on Europe, such as Integration and Co-operation in Europe (1992), The...23 Nov A Response to Steven Freeland by Frans G von der Dunk
[ Frans G von der Dunk holds the Harvey & Susan Perlman Alumni and Othmer Chair of Space Law at the University of Nebraska College of Law.] The contribution of Professor Freeland to the important debate on the legal aspects of private manned spaceflights, as per his article ‘Fly Me to the Moon: How Will International Law Cope with Commercial Space Tourism’ is a thoughtful and enlightening exposé of some of the key legal issues involved in that debate, and I very much agree with the general thrust...