Search: Affective Justice: Book Symposium: A Response

[Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. This post is a response to the recent Trump Administration and International Law Symposium hosted on Opinio Juris.] Can international law save itself from Donald Trump? Since Election Night 2016, that question has haunted me across many issue areas. Professor Craig Martin and the Washburn Law Journal editors generously invited me to offer an initial answer in their recently published symposium issue in an article entitled “The Trump Administration and International Law.” As I prepare my book-length...

[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...

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...

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...

...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...

...international institutions in the Asia-Pacific, calls are being made for global responses to the virus to disaggregate the data related to outbreaks based on sex, age and disability in order to understand the ‘gendered differences in exposure and treatment and to design differential preventive measures’. In keeping with the Inter-Agency Standing Committee’s (IASC) tool, this would seem to re-inscribe existing gendered norms onto any approach to the pandemic and may entrench gendered stereotypes in our response. While there is undoubtedly some merit in collating this data, it falls short of...

[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...

...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....

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...

...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...

an important impact on the U.S. constitutional system. We argue, however, that a method of “accommodation” can best mediate these impacts. Accommodation includes, but is not limited to, the doctrines of non-self-execution, executive management of the interpretation of international law, and limited state autonomy in foreign affairs. I plan to host an online discussion of this book on Opinio Juris sometime later this spring, and you will no doubt notice me flacking this book on the blog periodically. But if you can’t wait until our symposium, please buy a copy!...

the armed forces get into trouble inside the US, they are subject to military justice rather than State civilian justice. If an enemy solider commits a war crime like rape, he is also tried in a military court and not the local civilian system. SOFA is not the naked exercise of power. It is simply a formal recognition that wherever military forces are deployed, they are subject to military justice and not local civilian jurisdiction. Marko: Munaf does not assert that US citizens held overseas by US military forces have...