Search: Affective Justice: Book Symposium: A Response

...a state actor, the response must comply with the United Nations Charter and customary international law. On the other hand, if the attacker is a non-state actor, domestic criminal law will likely govern the response. In addition, international law requires a state to characterize an attack to avoid using force against an entity that inadvertently launched a cyber attack. A state may be able to use force against a hostile attack under its own laws, but international law prohibits the use of force against an inadvertent attack. When a state...

...pretty good Navy. http://en.wikipedia.org/wiki/Letter_of_marque Richard Response... Anyone interested in US naval doctrine regarding the law of naval warfare should look at the Commander's Handbook on that subject, http://www.nwc.navy.mil/cnws/ild/documents/1-14M_(Jul_2007)_(NWP).pdf. It's a tri-service (USN/USMC/USCG) publication and covers the use of force across the spectrum of maritime contingencies, including piracy. Rob Isn't the British order to ignore pirates a violation of UNCLOS? Bandit Meanwhile, the British have instructed their navy to ignore pirates, out of the remarkable fear that any captured Somali pirates might have asylum claims on metropolitan Britain. As we all...

the terms of those treaties. Article 9 of the constitution itself allowed the Rada, a political organ, the discretion to retain the treaties in force and thus make them part of the national law of the Ukraine, without the need to amend the constitution. jagemamerka Response...This is a most useful exchange on some of the most vexing issues of our time and which will make the quest for international justice the richer: it doesn't matter who wins or looses for now. Hostage Response... it doesn’t matter who wins or looses...

Nada Raslan Brilliantly written and very validly argued; let's hope this call is answered sooner rather than later. dad Response...iam so proud of you luna for speaking out the truth,we all should not fear the tyrant crimes,justice will prevail at the end,regardless of the sacrefise Mom Response...I am so proud of u Luna.I had to wait a long time for my tears to stop before I could write, I hope that your words will help somehow those brave Syrians who are dying while we speake and have been for the...

...Israel at every opportunity. Considering the UN's response to the North Korean sinking of a South Korean naval ship compared to their response to this incident one would have thought the actions of the two events reversed. Interesting article overall. Martin Holterman In as much as the International Criminal Court in the Hague has been ignored by the Israeli government regarding the construction of that barrier between themselves and the West Bank, does any of this discussion matter at all? International Court of Justice. (It's the one next door, the...

...Likewise, during the Cuban Missile Crisis, there was no air quarantine from the outset, only a naval one. Normal shipping by sea was allowed through. Soviet Ambassador Dobrynin specifically recalled afterward that he watched on television as the first ship reached the blockade line and that he breathed "an enormous sigh of relief" when it was allowed to pass through. https://books.google.com/books?id=Eaws3G98Ji0C&lpg=PA117&dq=&pg=PA117#v=onepage&q&f=false The ICRC commentary on article 102 of the San Remo Manual explained that many of the 28 participants, which included Israeli experts, concluded that binding treaty protocols had already...

...move away from being a discipline of crisis. Crisis orientation promotes a narrow agenda for public international law as it diverts attention from structural issues of international social justice, which public international law can strive towards. Consider for example the lack of access to justice and prevalence of gender-based violence in developing and least developed countries under normal circumstances. Under crisis response situations, with an already under-resourced judiciary, police, and legal system, these issues worsen. Crisis orientation in public international law instead often results in focusing on analyses of competing...

...property violations? Roger Alford Diplomatic Gunboat Of course, Roger is right that diplomatically serious and respectful responses make for better diplomatic relations. And the U.S. (yes, including Texas) often pontificates on the sovereign affairs of other nations and should be willing to listen and respond seriously in turn. But please don't tell me anyone in the EU was surprised by Gov. Perry's response. It brings to mind the undiplomatic response of Ohioans in 2004 to Brits who sent them letters advocating voting for Kerry. Just google "Dear Limey" to find...

...government can exercise the rights of both belligerent and sovereign over those properly deemed an enemy. (See The Prize Cases, and others.) However, the Court has also engaged in post hoc review over many of those decisions in appropriate cases. The correct reply to Goldsmith’s response would first note his book, where he stated that “all OLC lawyers and Attorneys General over many decades” for Presidents of both parties are “driven by the outlook and exigencies of the presidency to assert more robust presidential power, especially during a war or...

not legal." If you can find a legitimate group to recognize then you might be able to cast your intervention as being necessary and perhaps even moral (and leave legal questions for afterwards). JordanPaust Response... Jens: article 52 expressly recognizes the possibility of "regional action" and Art. 53 only applies if the S.C. gets their act together. The S.C. engages in "enforcement action." Ash Response... Syria has been isolated by most of the international community for so long, how does the west expect to know what the best direction is...

of International Criminal Justice. Is international law having a Hallmark Minute? If, as the jurisprudes keep reminding us, candor is dandy, can we now reply that affection is also effective, that fondness has its own forensic force? The sentiments suffusing these books are not those of the greeting card and the holiday romance; instead, they speak to the affective dynamics that obtain among parties, judges, lawyers, and law professors, in contexts that explore “the relationships between feelings and judgments” or offer “hybridised accounts of cognition and feeling” (41). For Simpson,...

A Comment on Shiri Krebs’ chapter “The Invisible Frames Affecting Wartime Investigation: Legal Epistemology, Metaphors, and Cognitive Biases” [Emiliano J. Buis is a Professor of Public International Law at the University of Buenos Aires (UBA) and at the Central University of the Province of Buenos Aires (UNICEN), and researcher at the National Research Council for Science and Technology (CONICET)] Introduction Shiri Krebs’ insightful contribution to the book International Law’s Invisible Frames. Social Cognition and Knowledge Production in International Legal Processes, edited by Andrea Bianchi and Moshe Hirsch, is a thought-provoking...