Search: Affective Justice: Book Symposium: A Response
04 Feb A Response to Daniel Abebe and Jonathan Masur by Michael P. Vandenbergh and Mark Cohen
[Michael P. Vandenbergh is Tarkington Professor of Law; Director, Climate Change Research Network; and Co-Director, Regulatory Program at Vanderbilt University Law School. Mark Cohen is Vice President for Research, Resources for the Future; Director, Vanderbilt Center for Environmental Management Studies; Professor of Management and Law, Owen Graduate School of Management at Vanderbilt University.] Daniel Abebe and Jonathan Masur have made an important contribution to the international climate literature by emphasizing the importance of understanding China’s administrative and economic constraints. They argue that China does not have the incentive...13 May Response to Weinberg: Some Things Really Are New
Thanks to Jon for his richly detailed post. It’s true that the last great wave of immigration, at the turn of the nineteenth to twentieth centuries, witnessed some of the same phenomenon, including circular migration and the flowering of immigrant enclaves. But there are at least two developments which make the current picture a very different one. 1. New rules relating multiple citizenship. In the old world, one could go home, but you couldn’t take your US citizenship with you. Although dual nationality per se wasn’t illegal, hairtrigger...09 Mar Weekend Roundup: March 2-8, 2013
week: the impact of international human rights treaties on domestic constitutions. Christopher N.J. Roberts’ comments wondered whether the UDHR can be considered a template for domestic changes and what the impact of domestic legal culture is on the understanding of similar rights. Tom Ginsburg responded here. The second article of the symposium was Natalie Lockwood’s article on International Vote Buying, for which William Burke-White provided the response. He questioned whether a legal prohibition on vote buying would be effective, but applauded the article for its re-examination of the role of...01 Aug Michael Lewis’ Response to Gabor Rona on Targeted Killing
[Michael W. Lewis is a Professor of Law at Ohio Northern University where he teaches International Law and the Law of War.] I want to thank Gabor for continuing a discussion started over on Lawfare a couple of weeks ago and to thank Opinio Juris for allowing me an opportunity to respond. As I had the last word on Lawfare I believe Gabor will be given the final word here. Gabor is correct that drones themselves are “stupid” in that they do not make any targeting decisions themselves....20 Oct YJIL Symposium – Response to Professor Chander
auspices of the GATS. WTO members’ services schedules were not negotiated necessarily with the expectation that the principles of technological neutrality and dematerialization will be applied. If these principles are enacted, this action may trigger two potential responses. First, some WTO members may exercise their GATS Article XXI right to opt-out of past commitments. Second, even if they do not, WTO members may slow down the pace of services liberalization in light of the increased cost. Neither development is positive, even if the principles triggering the responses are. I am...04 Feb A Response to Daniel Abebe and Jonathan Masur by Tom Ginsburg
[Tom Ginsburg is a Professor at the University of Chicago Law School] Thanks for this opportunity to respond to the Article by Professors Abebe and Masur. My learned colleagues are certainly correct that, notwithstanding its status as a unitary and authoritarian state, China is an internally complicated place, with substantial de facto control at the provincial level. Besides the East-West cleavages that Professors Abebe and Masur focus on, there are other internal tensions among different levels of government, different governmental agencies at each level, and different ideological groups...16 May A Response to Douglas W Arner and Ross P Buckley by Rolf H Weber
[Rolf H Weber is a Professor for Civil, Commercial and European Law at the University of Zurich Law School and a visiting Professor at the University of Hong Kong] The contribution of Professor Douglas W Arner and Professor Ross P Buckley is an important piece to the lively debate about the (new) architecture of the global financial system. The exposé is very thoughtful and enlightening, giving a historical outline of the attempts of regulators to prevent financial crises, with special focus on architectural aspects to be derived from...18 Oct Paust Response to Ochoa Article
...“state” (because I had the privilege of looking through some of the books from his personal collection and some notes that he wrote in some of the books – which were housed in the Judge Advocate General’s School in Charlottesville). It is enough to know that Oppenheim was wrong. Perhaps “readers” here can disclose other examples of treaties involving non”state” actors Christiana quotes the Martens clause (see Martens above) from the 1899 Hague Convention, which was mirrored in the 1907 Hague Convention No. IV (all around the time of Oppenheim’s...08 Dec A Response to Lea Brilmayer & Isaias Yemane Tesfalidet by Marko Milanovic
[Marko Milanovic is a Lecturer in Law at the University of Nottingham School of Law.] In their timely article Brilmayer and Tesfalidet address an important issue of general international law – when should states bear obligations to either put an end to or not contribute to violations of international law by other states, even when the obligation in question is not owed to them specifically. They challenge the orthodox view that by and large it is not any one state’s business whether third states comply with their obligations...