Search: Affective Justice: Book Symposium: A Response
03 Apr Examining Detention Authority in NIAC: A Response to Heller
[Daragh Murray is a Lecturer at the University of Essex School of Law and Human Rights Centre.] Thanks to Kevin for his post engaging with some of the issues discussed in my recent article on detention authority in non-international armed conflict. I would like to take this opportunity to provide a quick overview of my argument as relevant to this post, to discuss Kevin’s prohibition v. regulation argument and some of the other points he raised, and to highlight a key proposal developed in the article but not...02 Mar YJIL Online Symposium: Response to Gabriella Blum
[Matthew Waxman is an Associate Professor of Law at Columbia University Law School.] I am delighted to comment on Professor Blum’s provocative and thoughtful Article . The Article highlights in new ways a fundamental tension within international humanitarian law (IHL): that this body of law that disallows “lesser-evil” analysis in many contexts is itself a giant exercise of lesser-evil judgment, that the risks of prolonging and legitimizing warfare are worth the cost of protecting some humanitarian interests during it. Professor Blum injects new thinking to some long-running...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...
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...
07 Apr COVID-19 Symposium: Law in the Time of Corona (or: Dear Dr…)
...international institutions in the Asia-Pacific, calls are being made for global responses to the virus to disaggregate the data related to outbreaks based on sex, age and disability in order to understand the ‘gendered differences in exposure and treatment and to design differential preventive measures’. In keeping with the Inter-Agency Standing Committee’s (IASC) tool, this would seem to re-inscribe existing gendered norms onto any approach to the pandemic and may entrench gendered stereotypes in our response. While there is undoubtedly some merit in collating this data, it falls short of...
21 Nov The ICC Independent Expert Review – A Response to Prof. Guilfoyle’s Post on Questions of Trust and Tenure
...limits and take note of their responsibilities towards staff. It is my personal view that the landscape of international criminal justice institutions, the closing of institutions and poor coordination between them is largely to blame for the issues before the ICC that have been highlighted by Professor Guilfoyle and the IER. I am certain that creating more opportunities is a better route forward than cutting staff benefits and undermining job security. This approach reflects fairness to them and to their years of dedication to the field, and it provides institutional...15 Jun UNCLOS: A Response to Professors Kraska, Noyes, and Allen
[Steven Groves is a Bernard and Barbara Lomas Fellow at The Heritage Foundation in Washington D.C.] Many thanks to Julian Ku for inviting me to participate in this UNCLOS debate on one of my favorite websites. There is much I agree with in the posts of Professors Kraska, Noyes, and Allen. Professor Kraska correctly emphasizes the victory achieved by U.S. negotiators at UNCLOS III in regard to codifying navigational regimes, particular the regime of transit passage through international straits. Transit passage, along with archipelagic sea-lanes passage and the...09 Dec Global Administrative Law & The Challenge of Legitimacy: a Response by David Gartner
[David Gartner is an Associate Professor of Law at the Sandra Day O’Connor College of Law, Arizona State University.] Thanks for the opportunity to offers some thoughts on Ming-Sung Kuo’s provocative and interesting article entitled Taming Governance with Legality: Critical Reflections Upon Global Administrative Law as Small-c Global Constitutionalism, which highlights some of the key tensions within the project of Global Administrative Law (GAL). The core underlying concern that the article raises about whether Global Administrative Law adequately addresses the challenge of fostering legitimate and meaningful participation within...
26 Oct Climate Change and LGBTQ Rights
into global responses (through the 2022 UN General Assembly recognition of a right to a healthy environment for example). However, achieving climate justice will require an evolution of current climate policy perspectives to ensure LGBTQ people are accommodated in the climate response. This could involve the allocation of resources specifically for the LGBTQ community, monitoring of the LGBTQ rights situation in countries affected by climate change, and consultations with local LGBTQ representatives (where possible) to enshrine legal and economic protections for the community during climate mitigation and adaptation efforts. Whatever...
25 Sep Judicial Dialogue between the Three Human Rights Courts on the Impact of COVID-19 on Human Rights: Extracting the Essentials
on this blog here, on EJIL: Talk! here and OxHRH here). Whilst acknowledging that the majority of the derogations notified to the Council of Europe have now been withdrawn, the judges nevertheless expressed concerns over their usage. They remarked that ECHR derogations should not become commonplace and reaffirmed that they do not provide states with carte blanche to adopt any measures they wish in response to the pandemic. The ECtHR judges set down four general principles to be followed by states adopting measures in response to the pandemic: 1) Measures...