Search: Affective Justice: Book Symposium: A Response
16 May A Response to Rolf H Weber by Douglas W Arner and Ross P Buckley
As a general matter, we agree with Professor Weber’s comments, especially in relation to development and climate change. While we have not in this article focused on developmental aspects of the global financial architecture, in fact, we both view this as the fundamental goal.[1] Development however is not a simple objective and no single set of solutions to the development challenge has emerged. In the global economic architecture today, developmental issues are addressed through the Millennium Development Goals (‘MDGs’), a huge range of multilateral, domestic and non-governmental organizations...01 Aug Michael Lewis’ Response to Gabor Rona on Targeted Killing
[Michael W. Lewis is a Professor of Law at Ohio Northern University where he teaches International Law and the Law of War.] I want to thank Gabor for continuing a discussion started over on Lawfare a couple of weeks ago and to thank Opinio Juris for allowing me an opportunity to respond. As I had the last word on Lawfare I believe Gabor will be given the final word here. Gabor is correct that drones themselves are “stupid” in that they do not make any targeting decisions themselves....04 Feb A Response to Daniel Abebe and Jonathan Masur by Tom Ginsburg
[Tom Ginsburg is a Professor at the University of Chicago Law School] Thanks for this opportunity to respond to the Article by Professors Abebe and Masur. My learned colleagues are certainly correct that, notwithstanding its status as a unitary and authoritarian state, China is an internally complicated place, with substantial de facto control at the provincial level. Besides the East-West cleavages that Professors Abebe and Masur focus on, there are other internal tensions among different levels of government, different governmental agencies at each level, and different ideological groups...
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 Whilst acknowledging that the majority of the derogations notified to the Council of Europe have now been withdrawn, the judges nevertheless expressed concerns over their usage.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...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...
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...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...20 Dec LJIL Symposium: Genocide and Discrimination: A Response
...both case law and scholarly discussion, including this online symposium of the Leiden Journal of International Law, have shown that this is, indeed, not the case. Two main reasons could be identified underlying the different positions: (1) the one relates to the dimension one focuses on in the definition of genocide and the conceptualization of the relationship between the two dimensions, and (2) the other concerns the question of interpretation and the role of the judiciary. Dimensions of genocide The definition of genocide, arguably, has two dimensions: the ‘collective’ and...