Search: Affective Justice: Book Symposium: A Response
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...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...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...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...
22 Oct Law, Narrative, War and Revolution
...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...06 Nov A Response to Alvaro Santos by Katherine V. Stone
...oversimplified claims of the legal origins theoretical framework that underlines the DB project, in which economic progress is equated with common law regimes (seen as “flexible”) and economic backwardness is associated with civil law regimes (seen as “rigid”). Even more useful is Santos’ demonstration that by focusing only on formal written law, the DB indicators badly mischaracterize the labor law regimes they purport to describe. Many factors make the law “in action” depart from the “law on the books,” as legal sociologists have long known. Santos uses examples from Mexico...16 Jan The Role of the State Department: Response to Posner
...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...