Search: Affective Justice: Book Symposium: A Response
03 Nov Salvaging the Charming Betsy in ATS Cases: A Response to Rio Tinto
...law. Blackstone’s commentary very clearly states that applying the law of nations to cases involving individuals creates domestic law. This is why I have argued that all “war crimes” adjudicated by military commissions prior to the 1949 Geneva Conventions were actually domestic, common law crimes, an approach maintained in the Uniform Code of Military Justice (and in the catch-all provision of the Military Commissions Act). My unpublished opinion is that their extraterritorial application to enemy foreign nationals is probably one of the earliest forms of the still-hotly-contested passive nationality jurisdiction....21 May EJILTalk Discussion of ‘The Rise of International Criminal Law’
responses at the online blog by her and by Brad Roth. I have finally managed to get a response together, which is quite long and will run in three posts. The other responses are linked at the beginning of that post, as well. I have to thank publicly EJILTalk for running such a long response, which in many ways is practically a new essay – but especially Amrita Kapur and Brad Roth for reading so closely and with such nuance my original article. I’m very grateful to them for so...24 Mar Weekend Roundup: March 17-23, 2012
...Arc-style. David Landau responded to Mark Tushnet’s comments on his article “The Reality of Social Rights Enforcement” in a final installment of the Third Harvard International Law/Opinio Juris Symposium that took place earlier in the year. This week’s main event was our first symposium with the Leiden Journal of International Law, at the occasion of the Journal’s 25th birthday. The symposium kicked off with a discussion of two articles on the impact of the ICJ’s Nicaragua judgment, which also celebrated its 25th anniversary. The articles, by Lori Damrosch and Marcelo...25 Sep Bobby Chesney Responds to My Post
Bobby Chesney has graciously responded at Lawfare to my post about detention in non-international armed confilct (NIAC). Unfortunately, I think Chesney’s response not only misconstrues what Steve Vladeck and I have been arguing, but also demonstrates some important misconceptions about IHL. To begin with, we need to understand exactly what we are arguing about. As Steve pointed out in one of his early posts, Sen. Lindsey Graham’s proposed “Terrorist Detention Review Reform Act would permit the government to detain without trial anyone who “has purposefully and materially supported hostilities against...
30 Dec Is “Structural Genocide” Legally Genocide? A Response to Hinton
...the US government had used the law for centuries to systematically persecute Black Americans and had committed unspeakable acts of violence against them. If that mistreatment differed from the Nazis’ mistreatment of Jews and other groups, it was a difference of intensity, not kind. To his lasting credit, Taylor eventually charged purely peacetime crimes against humanity in two of the 12 NMT cases. None of those charges were successful, but they led the Justice tribunal (albeit only in dicta) to affirm their legitimacy, paving the way for the modern nexus-less...09 Apr VJIL Symposium: Response to Commentary on Medical Tourism, Access to Health Care, and Global Justice
[I. Glenn Cohen is an Assistant Professor of Law and the Co-Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. I have relied on the work of each of these commentators and think of them as scholarly partners, so I am very grateful for their kind words and their comments on my...18 May A Response to Brad Roth by Jean d’Aspremont
...Court of Justice pertaining to declaration of the unilateral declaration of independence in respect of Kosovo: http://www.icj-cij.org/docket/files/141/15738.pdf) as well as the contention that self-determination has grown into a principle that regulates secession. There is no doubt that self-determination has significantly impacted the creation of states in the second half of the 20th century. That legal principle bears upon factual developments which are the essence of the political project behind international law. It is however going one step too far to claim that the factual effect that self-determination can bear automatically...