Search: Affective Justice: Book Symposium: A Response
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...
04 Jun Clouds of War Over the Persian Gulf – A Jus ad Bellum Analysis (Part II)
...bring into play the inherent right of self-defense.” The legality of forceful responses to attacks on merchant vessels is slightly more complicated. It is generally accepted that a state may take measures to protect its merchant fleet and vessels flying its flag, such as by providing military escort to these vessels while traversing areas of conflict or tension. If, however, a merchant vessel is attacked the question becomes the nature and extent of the permissible response by the flag-state. It is probably uncontroversial to claim that if a merchant vessel...07 Dec A Response to Gideon Boas by Christian De Vos
...with intermediaries.[3] It is important, then, that the OTP develop a detailed set of policies to guide its relationship with intermediaries. At the same time, such a focus should not diminish the work of intermediaries across other units of the Court as well, particularly the Victims Participation and Reparation Section, which remains grossly underfunded and understaffed. [1] Holly Dranginis, ‘The Middle Man: The Intermediaries of International Criminal Justice’, 21 August 2011 <http://justiceinconflict.org/2011/08/21/the-middle-man-the-intermediaries-of-international-criminal-justice/> [2] Draft Guidelines Governing the Relations between the Court and Intermediaries (August 2011) 2. [3] Ibid 3....07 Dec A Response to Christian De Vos by Gideon Boas
[Gideon Boas is an Associate Professor in the Monash Law School and a former Senior Legal Officer at the ICTY.] This article deals carefully with the Lubanga proceedings before the ICC, and in particular the difficulty caused by the Prosecution collecting information through the extensive use of confidentiality agreements under Article 54(3)(e) of the Rome Statute. One of the great difficulties confronting prosecutors in international war crimes trials is the collection of reliable evidence with which to build their cases and to secure conviction. Such investigations invariably occur...09 Dec “Constitutionalizing” Global Administrative Law or Experimenting With a Hybrid Transnational Legal Order? (a Response by Karl-Heinz Ladeur)
[Karl-Heinz Ladeur is a Professor Emeritus at the University of Hamburg.] 1. Ming-Sung Kuo’s article proffers several hypotheses. One is that global administrative law can be regarded as an element of a “small c-constitutionalism” – as opposed to “large C-Constitutionalism” in a more fundamental approach to a transformation of international law into a new type of “global law beyond the state” (G. Teubner). The concept of “constitutionalism” has different meanings – this is a problem which might hinder a productive discussion. On the one hand it is focused...08 Jun A Response to Anne Gallagher by Ryszard Piotrowicz
[Ryszard Piotrowicz is a Professor of Law at Aberystwyth University] I would like to make three points in relation to the articles by Prof. Hathaway and Dr Gallagher. First, It seems to me that Dr Gallagher effectively refutes the basic argument of Prof. Hathaway, that the developments in trafficking in human beings (THB) have served to distract attention from what is asserted to be the much wider problem of slavery. I do not wish to comment on the core issue of that debate but rather to focus on...
29 Sep Protest Repression in Indonesia as Torture under International Law
raising the legal and political stakes in advocacy, litigation, and engagement with UN mechanisms. Indonesia’s Response as a form of Torture When evaluated against the CAT’s four-prong criterion, Indonesia’s response to the August 2025 protests undeniably meets the threshold for it to be considered torture. First, the severity of suffering is unmistakable. The death of 21-year-old Affan Kurniawan, at least eight other confirmed fatalities, and hundreds of reported injuries, including beatings, tear-gassing of university campuses, and the hospitalization of students, demonstrate the grave physical and psychological harm inflicted. Second, the...24 Aug President Obama Cites International Law as Limitation on U.S. Response to Syria’s Chemical Weapons Attack
As regular readers may recall, I am skeptical that the use of chemical weapons, by itself, can justify the use of military force under current international law absent authorization from the U.N. Security Council. Of course, I wouldn’t oppose the use of military force by the U.S. to stop the use of chemical weapons in Syria, I just doubt its legality under international law. More importantly, so does President Obama. Although reports are out suggesting the U.S. is preparing to launch cruise missiles into Syria, President Obama also...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...