Search: Affective Justice: Book Symposium: A Response
16 Nov MJIL Symposium: A Response to Mary Crock and Susan Kneebone by Michelle Foster
[Dr Michelle Foster is an Associate Professor and Director of the International Refugee Law Research Programme in the Institute for International Law and the Humanities at the Melbourne Law School.] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Both Professor Crock and Professor Kneebone, in their respective contributions, raise interesting and important questions about state responsibility in the context of burden sharing/shifting schemes. Questions surrounding responsibility are vividly raised in the current scheme of transfer of...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...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...07 Feb A Response to Pierre-Hugues Verdier by Eric Pan
...result in a lowering of regulatory standards, exposing the host jurisdiction to little additional threat of systemic risk, fraud or other regulatory failures. The problem is that developing metrics of comparability is difficult, and efforts to date have been ad hoc. Such determinations require an analysis that go beyond examining what rules are “on the books” to the effectiveness of the regulator in promoting compliance with such rules (see, e.g., the literature on enforcement intensity) and the relative sophistication of affected market participants. Until we develop a better understanding of...14 Apr Weekend Roundup: April 7-13, 2012
This week on Opinio Juris, Chris Borgen drew our attention to a NY Times op-ed explaining the surprising reason why in the grand bargain dividing the top posts at the World Bank and the IMF between the US and Europe, the US ended up with the World Bank rather than the IMF. Kevin Heller posted the abstract of his response in a mini-symposium of the Texas International Law Journal on Karl Chang’s article arguing that the law of neutrality provides the legal framework for the US conflict with Al-Qaeda. He...12 May Guest Post: Strong Words, Weak Arguments – A Response to the Open Letter to the UN on Humanitarian Access to Syria (Part 2)
[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] Part 1 can be found here. Humanitarian Concerns Perhaps as significant as the legal errors in the letter, the authors seem to take no account of the security implications of their recommendation. Given its actions thus far, including its attacks on its own population and many medical humanitarians, it would not be at all...