Search: Affective Justice: Book Symposium: A Response
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,...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...12 Sep The Fallacy That Attacking a Judicial Institution and its Personnel Protects Americans: A Response to John Bolton’s Speech
[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs.] Monday, at the Federalist Society, National Security Adviser John Bolton delivered a major foreign policy address, devoted almost entirely to attacking the International Criminal Court, a court established to prosecute the most egregious crimes of concern to the international community. At a time when the US does indeed face many national security challenges, including North Korean nuclear weapons development, the topic was in itself an odd choice, but consistent with Bolton’s earlier preoccupation with 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....16 Apr Have we always been diagonal? A response to Osofsky’s “Is Climate Change ‘International’?”
[Nathan Sayre is Assistant Professor in the Department of Geography at the University of California at Berkeley] I join J.B. Ruhl in applauding Hari Osofsky’s effort to bring geographical and legal scholarship into a constructive dialogue to address climate change. Her analysis draws important empirical and theoretical lessons from two case studies by illuminating the complex role of litigation in driving processes of regulatory rescaling—a critical role given the unprecedented and urgent challenges that global warming poses to existing legal and institutional frameworks. To meet these challenges, society—at...14 Nov MJIL Symposium: A Response to Spencer Zifcak by Thomas Weiss
[Thomas G Weiss is a Presidential Professor of Political Science at The CUNY Graduate Center and Director of the Ralph Bunche Institute for International Studies] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Professor Spencer Zifcak’s article on the international reactions to Libya and Syria is thorough and thoughtful, and well worth reading for the treasure trove of documentation. But I was frankly surprised by his unsurprising conclusion that ‘judgments as to whether and when to...07 Feb A Response to Pierre-Hugues Verdier by Eric Pan
...result in a lowering of regulatory standards, exposing the host jurisdiction to little additional threat of systemic risk, fraud or other regulatory failures. The problem is that developing metrics of comparability is difficult, and efforts to date have been ad hoc. Such determinations require an analysis that go beyond examining what rules are “on the books” to the effectiveness of the regulator in promoting compliance with such rules (see, e.g., the literature on enforcement intensity) and the relative sophistication of affected market participants. Until we develop a better understanding of...12 May Guest Post: Strong Words, Weak Arguments – A Response to the Open Letter to the UN on Humanitarian Access to Syria (Part 2)
[Naz Modirzadeh is a Senior Fellow at Counterterrorism and Humanitarian Engagement Project at Harvard Law School. This post is written in her personal capacity and does not represent the views of the CHE Project] Part 1 can be found here. Humanitarian Concerns Perhaps as significant as the legal errors in the letter, the authors seem to take no account of the security implications of their recommendation. Given its actions thus far, including its attacks on its own population and many medical humanitarians, it would not be at all...