Search: Affective Justice: Book Symposium: A Response

I appreciate the comments from Professors Fontana and Ahdieh, and don’t have much to quarrel about with them. They offer useful correctives or supplements to my argument. On the question of the scope of the argument – that is, the nations where we can expect convergence in constitutional law – my essay notes one important exception, and Professor Fontana raises a question about another. My essay excepts resource-extracting nations from its scope, largely because such nations do not need to compete with respect to attracting significant numbers of...

Professor Telesetsky, in her generous comments on my article in volume 12(1) of the Melbourne Journal of International Law, raises two pertinent questions. First, why has there been a profusion of cooperative efforts across treaty bodies and second, what are the linkages that are most effective in compelling compliance with treaty regimes? In relation to the first question, Professor Telesetsky disagrees with my observation that MEAs are ‘increasingly regarded as international actors who are “capable of driving a normative agenda’”. She goes on to note that the ultimate...

[Robert Ahdieh is a Professor at Emory Law School] At the outset, my thanks to the editors of the Virginia Journal of International Law for inviting me to contribute to this symposium, to my friends at Opinio Juris for hosting it, and to Professor Tushnet for his valuable contribution to ongoing debates about constitutionalism, globalization, and their interrelationship. Needless to say, Professor Tushnet’s essay posits a bold claim: that we are moving inexorably toward a globalized constitutional law. I am deeply sympathetic to this claim – not merely as a...

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...

[Ronald Slye is the Director of International and Comparative Law Programs and Professor at Seattle University School of Law] Lisa Laplante provides those of us interested in international criminal law, and more specifically the legitimacy of utilizing amnesties during a period of societal transition, with a valuable service by pointing us to, and carefully parsing, the Barrios Altos decision of Inter-American Court of Human Rights. It is a decision that, as she rightly states has not received as much attention as it deserves. While I am sympathetic to...

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...

...Red Cross’s Nils Melzer, who so argued in an important book, Targeted Killing in International Law. And also Notre Dame law professor Mary Ellen O’Connell, who has argued this proposition (as well as an associated claim that all participation by CIA personnel in the use of force is an international crime). I cannot say that these claims — although heroically urged by the advocacy groups and their academic allies — have a basis in the law of war as the US (or really, leading war-fighting states) has traditionally understood it....

well considered decision. Although India is increasingly an exporter of capital, in the near term, India is likely attract more investor disputes against it. In addition, as Buser notes in his book, most of the signatories to the BITs did not consider these treaties as ‘hard’ legal instruments capable of enforcement and consequent monetary damages. Once they realised the perils of being parties to the investment treaties, their response was predictable to an extent. It is sound way to analyse the rising powers in four typologies – loyalists; reformers; revolutionaries;...

...with intermediaries.[3] It is important, then, that the OTP develop a detailed set of policies to guide its relationship with intermediaries. At the same time, such a focus should not diminish the work of intermediaries across other units of the Court as well, particularly the Victims Participation and Reparation Section, which remains grossly underfunded and understaffed.   [1] Holly Dranginis, ‘The Middle Man: The Intermediaries of International Criminal Justice’, 21 August 2011 <http://justiceinconflict.org/2011/08/21/the-middle-man-the-intermediaries-of-international-criminal-justice/> [2] Draft Guidelines Governing the Relations between the Court and Intermediaries (August 2011) 2. [3] Ibid 3....

[Gideon Boas is an Associate Professor in the Monash Law School and a former Senior Legal Officer at the ICTY.] This article deals carefully with the Lubanga proceedings before the ICC, and in particular the difficulty caused by the Prosecution collecting information through the extensive use of confidentiality agreements under Article 54(3)(e) of the Rome Statute. One of the great difficulties confronting prosecutors in international war crimes trials is the collection of reliable evidence with which to build their cases and to secure conviction. Such investigations invariably occur...

[Karl-Heinz Ladeur is a Professor Emeritus at the University of Hamburg.] 1. Ming-Sung Kuo’s article proffers several hypotheses. One is that global administrative law can be regarded as an element of a “small c-constitutionalism” – as opposed to “large C-Constitutionalism” in a more fundamental approach to a transformation of international law into a new type of “global law beyond the state” (G. Teubner). The concept of “constitutionalism” has different meanings – this is a problem which might hinder a productive discussion. On the one hand it is focused...

[Ryszard Piotrowicz is a Professor of Law at Aberystwyth University] I would like to make three points in relation to the articles by Prof. Hathaway and Dr Gallagher. First, It seems to me that Dr Gallagher effectively refutes the basic argument of Prof. Hathaway, that the developments in trafficking in human beings (THB) have served to distract attention from what is asserted to be the much wider problem of slavery. I do not wish to comment on the core issue of that debate but rather to focus on...