In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

12 May

[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] There is no shortage of profound questions arising out of the armed conflict in Syria. Yet whether the reported United Nations legal analysis concluding that the UN needs the consent of the Syrian authorities before it can undertake humanitarian relief actions on Syrian territory is not one of them. As international law questions go,...
12.05.14 | |

22 Oct

...the Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory of the International Court of Justice (ICJ), Israel  invoked the right to self-defence under the UN Charter and the provisions of UNSC Resolutions 1368 (2001) and 1373 (2001) issued in response to the attack on 9/11 in order to argue it had a right to defend itself against terrorist attacks waged by non-state actors. A quick reading of these resolutions will show, however, that they have not established new norms that extend...
22.10.24 | |

16 Jan

...international reaction, with the immediate adverse consequences for our conduct of foreign policy. It will undermine public support among critical allies, making military cooperation more difficult to sustain. Europeans and others will likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice. It’s hard to be more prescient than that. Eric is of course right that personalities and closeness to the President (or, importantly in this administration, the Vice President) can affect who wins or loses the policy fight. But...
16.01.07 | |

13 Apr

...and transform it into an issue of human welfare and dignity. Finally, I agree with Peter that the questions of how norms should be harmonized and what process will be most successful in achieving this goal are crucial. The answer to these questions will depend on the context, and this points to a need for further empirical research into how norms of access and exclusivity have been translated into domestic law. My thanks again to Peter, Opinio Juris, and YJIL for this online symposium. I welcome further comments at molly.beutz@nyls.edu....
13.04.09 | |

09 Mar

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...
09.03.13 | |

27 Jan

I am very grateful to Oliver Gerstenberg for commenting on my paper. As always, Oliver’s illuminating comments go to the heart of the matter. His defense of a minimalist approach to the ECJ offers an alternative to the presumably “maximalist” proposal I defend in my article. I accept this label for the purpose of our exchange. At one level, Oliver worries about the implications of a “politicized” Court whose members disagree sharply and publicly about matters of great consequence to the future of Europe and its citizens....
27.01.09 | |

04 Feb

We are very grateful to Professors Ginsburg, Vandenbergh, Cohen, and Wiener for engaging in this dialogue with us. The value of discussing these issues with such leading scholars in the field cannot be overstated. Professor Ginsburg’s very helpful comments push us to focus on two main points: (1) the U.S. has similar internal dynamics that make committing to a climate change agreement difficult; and (2) China can more easily implement an agreement when it commits to “environmental policy . . . over growth.” Professor Wiener’s post makes the...
04.02.10 | |

04 Feb

...Stewart and I argued in our book Reconstructing Climate Policy (2003), is through international allowance trading, with China receiving an implicit side payment in extra headroom allowances, and using these to trade back to the US and Europe in return for technology. Thus, the side payment would be delivered in myriad competitive private transactions, a much more cost-effective, and more politically palatable, approach; indeed, US firms would be selling technology to China in return for allowances obtained at lower cost than domestic US abatement. Finally, and perhaps most interestingly from...
04.02.10 | |

14 Apr

[Professor Brian Cheffins is the S.J. Berwin Professor of Corporate Law at the University of Cambridge Faculty of Law] As Prof. Bruner points out in his insightful Article, in the literature on comparative corporate governance, there is a tendency to treat the United States and the United Kingdom as being very similar across key dimensions. He shows convincingly that in fact there are key differences between corporate governance in the two countries, focusing in particular on greater “shareholder-centrism” in British public companies in comparison to their U.S. counterparts....
14.04.10 | |

15 Oct

[Professor Gregory Gordon is Assistant Professor of Law at the University of North Dakota School of Law. Anne Kjelling is Head Librarian at the Norwegian Nobel Institute.] We would like to thank Professor Roger Alford, the Virginia Journal of International Law and Opinio Juris for inviting us to participate in this online symposium. Professor Alford is to be congratulated on his insightful piece regarding the impact of the Nobel Peace Prize on the development of international law. The article analyzes 20th Century global norm formation through the revelatory filter of...
15.10.08 | |

04 Feb

[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...
04.02.10 | |

13 May

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,...
13.05.08 | |