Search: Affective Justice: Book Symposium: A Response
08 Dec A Response to Lea Brilmayer & Isaias Yemane Tesfalidet by Marko Milanovic
[Marko Milanovic is a Lecturer in Law at the University of Nottingham School of Law.] In their timely article Brilmayer and Tesfalidet address an important issue of general international law – when should states bear obligations to either put an end to or not contribute to violations of international law by other states, even when the obligation in question is not owed to them specifically. They challenge the orthodox view that by and large it is not any one state’s business whether third states comply with their obligations...
26 Jan Much Ado About Nothing
...international law scholars are discussing in these days and how all of this is evidence that a Tallinn Manual 3.0 is needed, but will not give any definitive answer to the issues that still involve international (cyber) law. The politicians The Hill published an interesting article that summarizes some first responses by US politicians to this act. It is striking as their positions do no align with past actions conducted by the US Government in cyberspace and do not reflect international law. Sen. Dick Durbin’s statement that “[t]his is virtually...17 Oct A Response: Sanchez-Llamas and the Value of ICJ Judgments
...obligation. (The President’s memorandum may do so, but I don’t understand Roger to be asking about that). You have to interpret treaties, like contracts, fairly and consistently with the background assumptions of the parties, and neither the Optional Protocol nor the UN Charter indicates that states were contemplating domestic-court enforcement when they signed on. Contrast, for example, the New York Convention on international commercial arbitration, which clearly contemplates domestic judicial enforcement of international arbitral awards. Second, on Justice Ginsburg’s “middle way,” I don’t read her dissent quite the way Roger...03 Jul The Gaza Report’s Treatment of Warnings: A Response to Blank
...mere minutes to evacuate especially when they have no sense where safety might be. I think this would hold true irrespective of the parties involved. Moreover, the report points equally to violations of the other side, but seemingly with regard to these there is never any controversy. Palestinian authorities don't provide credible accountability, the strikes against civilians are pervasive, the whole findings section starts with these. P.S. The link to Israeli authors book is pointing to your own computer, Kevin, and thus is not working. Akiva Kevin, A few points....13 Apr Response to P. Yu
...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....27 Jan A Response to Dr. Gerstenberg
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....16 Nov MJIL Symposium: A Response to Michelle Foster by Mary Crock
[Mary Crock is Professor of Public Law at the University of Sydney] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Although Australia identifies as a member of the United Nation’s ‘Western European and Others’ Group (‘WEOG’), it has now enacted laws that place it much more comfortably as an Asian nation. Unlike the WEOG countries, few Asian nations are party to the Refugee Convention (‘Convention’), or to any of the major human rights conventions other than...21 Dec LJIL Symposium: Response to Samantha Besson
Alexander Panayotov I agree with the argument that extraterritorial regulation creates a danger of democratic deficit. Prof. Ryngaert tackles this argument in details in his superb book “Jurisdiction in International Law” (pp.188-190). This is one of the aspects of normative theorizing about extraterritoriality that is worth debating. What I see as a problem, however, is the fact that democracy in itself is an essentially contested concept. There are several theories of democracy: participatory, minimalist, and deliberative to begin with. If we make a claim about extraterritorial regulation’s effect on democratic...