Search: Affective Justice: Book Symposium: A Response
05 May Jus Post Bellum Symposium: Jus Post Bellum–The Value of an Interpretive Conception
Greiff has argued measures that are weak in relation to the immensity of their task are more likely to be interpreted as justice initiatives if they help to ground a reasonable perception that their coordinated implementation is a multi-pronged effort to restore or establish anew the force of fundamental norms. Jus post bellum as integrity can recognise these mutually dependent conditions and constitutes a legitimate and coherent non-ideal conception of justice in the aftermath of war and conflict. The second reason relates to the effectiveness of a conception of justice...07 May Jus Post Bellum Symposium: Jus Post Bellum, Lex Pacificatoria, and Transitional Justice
capture what they feel they see going on in the interface of law and practice? As with any book, reading it comes together with other things you are reading and working on when you receive it. For my own part, the timing of the book, has come together with discussions we have been having in the Global Justice Academy, on Global Law, and Global Constitutional Law. Most recently, last Friday we debated the draft text of Neil Walker’s book on ‘Intimations of Global Law’ (forthcoming), where he examines the different...03 Jan H-Diplo Roundtable on David Bosco’s “Rough Justice”
H-Diplo, part of H-Net, recently hosted a virtual roundtable on David Bosco’s excellent book Rough Justice:The International Criminal Court in a World of Power Politics, published by Oxford last year. Erik Vroeten introduced the roundtable, and Sam Moyn, David Kaye, and I submitted reviews. David then wrote a response. Here is a snippet from Erik’s introduction: It is my pleasure to introduce the distinguished and diverse set of reviewers of this timely and important book. Samuel Moyn embeds Bosco’s book in a longer history of the tensions between power and...
27 Feb The Proposed Amendments to the International Health Regulations: An Analysis
...Ongoing Parallel Processes to Revise the IHR and Negotiate a New Treaty on Pandemic Preparedness and Response The first process ongoing at the WHO is the negotiation via the Intergovernmental Negotiation Body (INB) of a new treaty on pandemic preparedness and response. The most recent document issued by the INB on the 1 February 2023 is the Zero Draft of the WHO CA+. The second process is the revision of the existing international legal framework on health emergencies, preparedness and response, being the IHR. The work on the amendments is...11 Feb A Response to Maxine Burkett by Hari M. Osofsky
[Hari M. Osofsky is Associate Professor at Washington and Lee School of Law.] In Climate Reparations, Professor Maxine Burkett makes a compelling case for viewing climate justice problems though a reparative lens. She articulates thoughtfully the barriers to achieving meaningful justice under existing frameworks and proposals, as well as the profound ethical dilemmas posed by the inequities regarding emissions, impacts, and adaptation. Her article makes a helpful contribution to efforts to conceptualize climate justice by theorizing how a reparations model might apply to climate change, and then applying it to...27 Mar A Quick Response to Marty: Justice Stevens is a Foreign Affairs Federalist!
I wanted to jump in with a quick response to Marty’s awesome post about what is, without question, the most surprising (and for me, delightful) part of the Medellin opinion: Justice Stevens’ concurrence. I love this concurrence, especially because I am (to put it mildly) rarely fond of Justice Stevens’ forays into foreign relations law. This is, after all, the author of both Rasul and Hamdan. But give the Court’s senior justice his due: Justice Stevens seems to be genuinely constrained by his view of the law, and not his...
18 Jul Options for a Peace Settlement for Ukraine: Option Paper X – Addressing Sexual Violence in the Ukraine Conflict
...can be overcome, only a few people will be prosecuted. Transitional justice measures, including domestic criminal prosecutions of captured perpetrators, may permit some justice to be done, but it is likely that a truth-telling process and reparations program will need to address the impact and legacy of sexual violence. In the longer-term, the national legal framework for addressing gender-based violence and for ensuring timely investigations and prosecutions will need reform to meet the highest standards of justice for victims. Several recent peace agreements include provisions, in their transitional justice or...27 Sep Online Workshop Response: Justice Scalia and the Majority
but on political branch authorization—the intent of the First Congress in enacting the ATS. The justices likewise agreed on the nature of that intent–that Congress wished to provide jurisdiction to support a limited set of general law claims based on the law of nations. As our Article reports, then, Justice Scalia and the majority see the same need for political branch authorization, unanimously endorsing (for this and other reasons) the revisionist view on issue a. Justice Scalia’s disagreement with the majority lies not with how to determine whether CIL may...
14 Jul Is Investor-State Dispute Settlement an Appropriate Forum for the Resolution of Investment Disputes Arising from Armed Conflicts? Part 2: The Quest to Find a Just and Equitable Remedy
...When defining the scope of a host State’s duty to make reparation, the Remedial Committee should pursue relational justice, deterrence, and the enforcement of obligations, restoration, and restitution in integrum as overarching goals. When calculating damages, focus should be placed on State conduct, instead of alleged loss. Grounds for establishing States’ responsibility within international constraints may accordingly be identified. Serving the broader purpose of achieving corrective justice in relation to armed conflict should be of paramount importance. Corrective justice is not confined to undoing the consequences of wrongdoing, rather, it...23 Sep Lower Courts Narrowly Interpret Kiobel
...Chief Justice Roberts; Justice Alito (last para.); Justice Breyer (first para. in Section I A, but rightly using the word "including" and thereafter addressing other violations of customary international law and treaties of the United States) with Paust, Bassiouni, et al., supra at 181-83; Paust, Kiobel, supra at 22-23 & nn.19-22; Chapter One. 11. Did Justice Breyer pay sufficient attention to the fact that complicitors of international crimes are also hostis humani generis when they aid or abet crimes under customary international law implicating universal jurisdiction when he stated that...