Search: Affective Justice: Book Symposium: A Response
31 Jul Beyond “Winners” and “Losers”: Understanding the International Court of Justice’s Judgment in the Jadhav Case
Article 36(1) of the VCCR, among other things, provides that when a national of a foreign country is arrested or detained, the detainee must be advised of the right to have the detainee’s consulate notified, and that the detainee has the right to regular consultation with consular officials during detention and any trial. The Optional Protocol to the VCCR gives the International Court of Justice compulsory jurisdiction to try disputes that arise out of the interpretation or application of the treaty. This basis of the International Court of Justice’s jurisdiction...11 Mar Book Symposium on “International Law in the US Legal System” by Curtis Bradley
This week, we are hosting a symposium on Curtis Bradley’s new book “International Law in the US Legal System“, published last month by Oxford University Press. OUP has kindly agreed to offer Opinio Juris readers a 20% discount, which you can access by clicking on the ad at the right. According to the abstract, the book explores the dynamic intersection between international law and the domestic legal system within the United States and covers both settled principles as well as unresolved issues and areas of controversy. Curtis Bradley considers all...01 Aug Opinio Juris Symposium: Introducing “The Constitution’s Text in Foreign Affairs”
[Michael Ramsey is a Professor of Law at the University of San Diego. He will be posting today and tomorrow on his new book: The Constitution’s Text in Foreign Affairs. Please stay tuned for his posts, as well as for comments by our other symposium participants.] Thanks to Opinio Juris for organizing this symposium and inviting me to participate. Here are a few opening thoughts. The Constitution’s Text in Foreign Affairs (Harvard University Press, 2007) attempts to describe the distribution of foreign affairs powers among the branches of U.S. government...04 Apr Kenya’s Latest Attempt to Invoke Complementarity
The new Constitution incorporates a Bill of Rights which significantly strengthens fair trial rights and procedural guarantees within the Kenyan criminal justice system, The Constitution gives effect to a comprehensive range of judicial reforms which fundamentally transform the administration of justice in Kenya. Deficiencies and weaknesses from the past have been specifically targeted to guarantee the independent and impartial dispensation of justice. National courts will now be capable of trying crimes from the post-election violence, including the ICC cases, without the need for legislation to create a special tribunal, thus...31 Mar Justice Kennedy and the Law of Treaties
Is Justice Kennedy a treaty lawyer? Listening to him yesterday during his speech to the 100th Annual Meeting of the American Society of International Law, you would think he’s at least been studying up on the subject. As Peggy pointed out, Justice Kennedy’s wide-ranging talk focused most closely on the problem of genocide, and his comments in that regard were forceful and impassioned. But, I also found Kennedy’s remarks interesting for his discussion of treaties generally, which he used to bolster his larger arguments about the need for states to...17 May Could the PTC Order the OTP to Investigate the Mavi Marmara Situation?
...words, it appears that the PTC could order the OTP to open a full investigation into the attack on the flotilla if it disagreed with the OTP’s conclusion that the interests of justice required declining to investigate. Art. 53(3)(b) raises two difficult questions. The first is substantive: what does “interests of justice” mean? That is a very difficult issue, one beyond the scope of this post. Let me simply note here that the primary issue in the debate is whether Art. 53(3)(b) would permit the OTP to decline to investigate...20 Nov The Prophetic Tradition of International Law and My Concerns About the Book’s Manichaeism
One of the most interesting jurisprudential aspects of The Power and Purpose of International Law is its explicit use of Hans Kelsen. I am among those Americans for whom Kelsen is a mostly forgotten figure in jurisprudence – and I realized reading this book that, while I have probably read much more than most American legal scholars of his jurisprudential work, I am almost completely ignorant of his work in international law. It was therefore quite interesting to read this book, and then do a little searching around to see...
09 Jul Symposium on Art, Aesthetics and International Justice: Honouring the Samians? Aesthetic Strategies of International Legitimacy in Three Athenian Decrees (IG II2 1)
Kantian disinterested judgment and Abhinavagupta’s theory of rasas, Aksenova builds a compelling case for what she terms “international justice 2.0”: a cooperative, experiential, and emotionally resonant model of global justice grounded in shared human faculties. She convincingly argues that an aesthetic process of perception—based upon the universality of affect—can serve as a new basis for legitimacy in international legal institutions, especially amid the fragmentation and pluralism that characterize today’s global order. One of her key insights —that “the ability to perceive (beauty) is truly universal” (pp. 15-16)— opens the possibility...
23 Sep Organizing Rebellion Symposium: Organizing Responses – A (Partial) Reply to the Blog Symposium
posts by a range of great scholars and practitioners, each raising important and though-provoking questions on and criticism of my book Organizing Rebellion. This leaves me with the intimidating task of ‘organizing responses’. While I will not be able to engage with each question or disagreement (and I must admit that I do not necessarily have answers to all issue), I will respond to some points (without suggesting that these are more important than others). In fact, each contributor would deserve a full post in response! Following the structure of...20 Aug Online Symposium: Eric Posner and Adrian Vermeule’s “Terror in the Balance”
Opinio Juris is very pleased to host for the next few days an online symposium on Eric Posner and Adrian Vermeule’s new book, Terror in the Balance recently published by Oxford University Press. The format for this symposium will be familiar to those who followed the symposium we held three weeks ago on Michael Ramsey’s book, The Constitution’s Text in Foreign Affairs. We will begin with a few posts introducing the broad outlines of the book. We will then have comments from experts who will address various aspects of the...