Search: Affective Justice: Book Symposium: A Response
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...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...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...
07 Aug Complementarity, Catalysts, Compliance Symposium: A Reply
[Christian De Vos is a Senior Advocacy Officer with the Open Society Justice Initiative. He engages in advocacy across the Justice Initiative’s areas of work, with a particular focus on international justice and accountability for grave crimes.] It has been a pleasure to read the six reflections shared over the course of this symposium. I am grateful to Opinio Juris for hosting the discussion and to the contributors who have so thoughtfully engaged with the text and whose own scholarship, advocacy, and insights were a source of inspiration for me as...
20 Apr Symposium: The Responsibility to Protect in Libya and Syria–Introductory Post
...protect’ (R2P) doctrine, and the outcome is my book ‘The Responsibility to Protect in Libya and Syria: Mass Atrocities, Human Protection, and International Law’. I am grateful to Opinio Juris for hosting this symposium on the book and to the reviewers Shannon Raj Singh, Jessica Peake, and Anjali Manivannan for taking the time to offer what I am sure will be insightful and thought-provoking reviews. In my book, I set out to achieve two distinct goals. First, I sought to uncover how much legal traction R2P holds, namely, through dissecting...