Search: Affective Justice: Book Symposium: A Response
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...
16 May Accountability for Atrocity Crimes: How Should Ethiopia Implement its Commitment under the Agreement on Permanent Cessation of Hostilities?
peace agreements, for example the Revitalized Agreement of South Sudan, which established the Hybrid Court with investigation and prosecution power. Instead, the agreement rather vaguely requires Ethiopia ‘to implement a comprehensive national transitional justice policy aimed at accountability…based on Ethiopian Constitution and the African Union Transitional Policy Framework’. However, the African Union Transitional Justice Policy, which the agreement refers to, is not without guidance. According to paragraph 78 of the African Union Transitional Policy Framework, as a matter of primacy, justice and accountability component of transitional justice has to be...05 Dec Differing Conceptions of Justice
question (or at least it does for me) as to what the purpose of the trial should be. At first glance, the question seems to have an easy answer: to provide justice. But that begs the question: What is justice? There are always different formulations of justice working simultaneously in any trial, and while these formulations may sometimes coincide, they do not always. For instance, procedural justice (the right to a fair trial, the right to be free from unwarranted search and seizure, etc.) can obviate the demands of retributive...