Search: Affective Justice: Book Symposium: A Response
15 Apr Political Commitments: A Response to Professor Swaine
[This post was jointly authored by Duncan Hollis and Joshua Newcomer] Ed Swaine brings his typical thoughtful (and rigorous) method to our article, and we greatly appreciate his insights, not only for engaging with our ideas but also for suggesting how we might advance them in future scholarship. Since Ed has framed his comments as questions, we’ve endeavored to provide responses to each of his five questions below. 1. What is the international significance of political commitments? Our research produced lots of anecdotal evidence on the widespread use of political...10 Jun A Response to Lisa Laplante by Ronald Slye
[Ronald Slye is the Director of International and Comparative Law Programs and Professor at Seattle University School of Law] Lisa Laplante provides those of us interested in international criminal law, and more specifically the legitimacy of utilizing amnesties during a period of societal transition, with a valuable service by pointing us to, and carefully parsing, the Barrios Altos decision of Inter-American Court of Human Rights. It is a decision that, as she rightly states has not received as much attention as it deserves. While I am sympathetic to...
04 Feb International Economic Law Symposium: Emerging Powers, Global Justice and International Economic Law
well considered decision. Although India is increasingly an exporter of capital, in the near term, India is likely attract more investor disputes against it. In addition, as Buser notes in his book, most of the signatories to the BITs did not consider these treaties as ‘hard’ legal instruments capable of enforcement and consequent monetary damages. Once they realised the perils of being parties to the investment treaties, their response was predictable to an extent. It is sound way to analyse the rising powers in four typologies – loyalists; reformers; revolutionaries;...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...