Search: Affective Justice: Book Symposium: A Response
15 Apr A Response to John Coyle by Ingrid Wuerth
[Ingrid Wuerth is a Professor of Law at Vanderbilt University Law School] This Article by John Coyle focuses on U.S. statutes that incorporate treaties into domestic law. As John defines them, incorporative statutes may include implementing legislation for non-self executing treaties, statutes that facilitate the implementation of self-executing treaties, or congressional executive agreements; the key question is whether they give effect to an international agreement. Unlike treaties or the Alien Tort Statute, incorporative statutes do not present obvious constitutional questions, and they have received relatively little attention from...16 Oct A Response to Professors Brooks and Christians
Both Professor Brooks and Professor Christians have identified important strands and tensions in the consideration of international tax, sovereignty, global relations among states, and universal commitments to humanity. Just reading their comments inspires me to continue researching these questions. Their observations tap into two significant unresolved issues of international tax and international relations: (1) How should the reality of politics, power, and decision making affect our interpretation of political system design? For example, if decisions depend on the accommodation, interaction, and power dynamics of a variety of interest...05 Nov A Response to John Knox by Marc Limon
[Marc Limon is Counsellor of the Mission of the Government of the Maldives to the United Nations, in Geneva, Switzerland] As Professor Knox recognises in his paper, international human rights law is essentially concerned with the relationship between an individual and his or her own State. This makes it difficult to usefully leverage human rights law in the context of global climate change, beyond noting that, irrespective of their level of responsibility for global warming, all States retain an obligation to protect the human rights of their...28 Jan A Response to Professor Huang
We appreciate Professor Huang’s comments, especially his praise, of course. We probably do not differ with his view that much. We do not believe that the AML will easily become effective – its enforcement in many areas is likely to suffer setbacks, given the looming turf battles that the AML Enforcement Agency (AMLEA) is likely to have with existing economic regulators. Of course, whether the AML can be directly enforced is an important question. Having just heard FTC Chairman Kovacic talk at the AALS Meeting about how, for...12 Jan Yes, Pamela, Some People Do Care — Including the U.S. Military
...doubt there's going to be extradition, prosecution seems quite likely at this point. Who would we extradite them to, anyway? Was there an Afghani law broken on the subject? Liz That is the purpose of a status of forces agreement, Jordan. To protect our service members from an arbitrary justice system. The agreement will differ with respect to country depending on the nature of the justice system there (i wouldnt want to be subjected to the afghani justice system, would you?) and ensures that the constitutional rights of our soldiers...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...