In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

24 Mar

...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...
24.03.12 | |

08 Mar

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!...
08.03.12 | |

29 Jul

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...
29.07.09 | |

24 May

...“armed attacks” in self defense. Many states also recognize at least some limited customary right post-UN Charter of anticipatory self-defense – that is, a right to strike before the enemy begins its attack. This notion was captured by the Caroline letter’s statement requiring for such force “the necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation.” Either way, whether force is in response to an armed attack or in anticipation of an imminent one, if a state undertakes such action, its response must be,...
24.05.13 | |

15 Jan

The current issue of Foreign Affairs has an article called A Few Dollars at a Time: How to Tap Consumers for Development, which describes the “innovative financing” movement in which private companies find ways for their customers to contribute to international development. This morning, I came across an example that I guess you could call “innovative aid” as it isn’t so much development financing but rather disaster relief to Haiti. Zynga is a software company that makes (wildly successful, as I understand) games playable via Facebook and MySpace. They have...
15.01.10 | |

20 Oct

...rich Saudis to fund it, and among the richest Saudis are Saudi princes. You could at least, in the interest of common courtesy (a) retain the link to the Schwarzschild post when you repost my response, because otherwise you are not really reposting my response, you are selectively reposting part of it; and (b) acknowledge that YOU read something in to my princes remark that wasn't there. And, if you want to add another update, I'll endorse what Anne wrote, that HRW's support of the Goldstone report puts it in...
20.10.09 | |

06 Apr

and the acknowledgement by the General Assembly of this Declaration in resolution 43/177 of 15 December 1988." See A/66/371–S/2011/592 Hostage Response... Regarding the comment that “[t]he only case in favor of jurisdiction was always a set of political arguments in search of a valid legal vehicle that was never found.” Many scholars treat the Montevideo Convention as if it were a textbook, instead of an agreement between states that still has full legal effect and force. Even if recognition of statehood is a purely political act, it still has legal...
06.04.12 | |

21 Feb

...his "tattered, 20-year old ID card" (the ostensible reason: living for a time abroad caused him to forfeit his status as permanent resident of Israel). When pressed about the ruling against Awad, Prime Minister Yitzhak Shamir referred reporters "to the security services." This by way of a reminder that we hardly have sufficient or even presumptive reason to trust what official Israeli government spokespersons say about such matters, while David Ketzmer's book on the Israeli Supreme Court, The Occupation of Justice...(2002) provides us with ample reason not to defer to...
21.02.11 | |

10 Sep

Charter did not permit an individual to be convicted solely of criminal membership; he could be convicted of criminal membership only if he had committed at least one substantive crime as part of the criminal organization. Indeed, both the Ministries and Einsatzgruppen tribunals held exactly that (see pp. 293 of my book.) Here, of course, the response will no doubt be that al-Bahlul was convicted “in connection with any act of which the individual may be convicted” — namely, material support for terrorism. In which case a conviction for one...
10.09.11 | |

27 Feb

Our thanks to everyone who has participated in this symposium—John Bellinger, David Sloss, Chimene Keitner, and Steve Vladeck—as well as to Matt Christiansen, who has coordinated the symposium for YJIL. It’s been such a pleasure to see the thoughtful and varied reactions to our Article. Here we take the opportunity to offer a few brief words in response to round out the symposium. First, we very much appreciate John Bellinger’s generous and kind response. We know that John labored long and hard to bring the Medellin case to a different...
27.02.12 | |

23 Jun

...because international law entitles only the members of a state’s regular armed forces to participate in hostilities, the CIA had no authority under international law to use armed force against al-Awlaki. The CIA is not part of the US’s regular armed forces. There is, of course, an obvious response to that objection: namely, that the availability of the PAJ depends on domestic US law, not on international law, so it is irrelevant whether the CIA had the right under international law to used armed force against al-Awlaki. Because AQAP was...
23.06.14 | |

09 Mar

...is not a man known for sticking to his word. Even more, the conflict was escalating and the humanitarian situation was deteriorating even before the ICC drama began in July, with no apparent opening for any kind of way out, messy or otherwise. This recent history explains why Kleinman’s response to Michelle’s question was a non-answer: she was asking him to explain his long-term solution for Darfur, not his short-term solution. And his response was… silence. That is an unacceptable position for someone who so savagely criticizes anyone who dares...
09.03.09 | |