Search: Affective Justice: Book Symposium: A Response

...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...

...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...

...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...

...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...

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...

...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...

For a while there, it looked as if there might be a real fight over Harold Koh’s nomination as State Department Legal Adviser. The Republicans have been casting about for a nomination that they could defeat on some issue of principle (that is, over something not involving a nominee’s tax returns), along the lines of Lani Guinier’s failed nomination to the Clinton Justice Department. It might also be useful for them to pick up a rallying call. Anti-internationalism has looked pretty promising. As fringe elements started taking shots at Koh,...

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...

...No doubt there are “strange nationalities.” In some cases, individuals have exploited an anomalous basis for citizenship in countries to which they have little or no affective (or effective) attachment – often on the basis of a parent or grandparent’s nationality. In others, countries have in effect bought competitors, with a grant of citizenship as a necessary part of the bargain. I don’t see this is as a problem, except to the extent that it depends on luck of the draw (either you have that grandparent or you don’t). But...

...a call for papers for its upcoming panel on “Emotional Warfare and its Limits: Towards an Affective Turn in International Humanitarian Law”, organized in the context of the International Conference on “Historicising International (Humanitarian) Law? Could we? Should we?” on 6–8 October 2016. When and why did the law of armed conflict become “humanitarian”? What role do fear, envy, or friendship play in the regulation of war? Can law offer an effective way out of the irrationality of violence? Possible answers to these questions cannot be addressed by means of...