Search: Affective Justice: Book Symposium: A Response

Chief Justice upon his retirement from the Court: “Much has been and will be written about John Roberts the justice and legal mind, and I will leave much of that to others more qualified than I am on that score. Suffice it to say that I have always been somewhat amused by the continuing debate over “judicial activism” versus “judicial restraint.” This debate will rage on for years, but, for the purposes of this tribute, I write about the persona of a great Chief Justice…. He is an improbable looking...

...non-international armed conflict? I am not precluding the possibility (perhaps very strong) that the blockade may have been deemed illegal for other reasons. I am simply restricting the question of legality to the topic at hand. http://books.google.com/books?id=nrN077AEgzMC&pg=PA571&lpg=PA571&dq=biafra+naval+blockade&source=bl&ots=LWuJE4l4-b&sig=dXKpq-dWkePG1xU5k-zJF19XnM8&hl=en&sa=X&ei=O_nYU5P_BcewyATOn4LACw&sqi=2&ved=0CEsQ6AEwBQ#v=onepage&q=biafra%20naval%20blockade&f=false http://books.google.com/books?id=h27F5aLdZIgC&pg=PA400&lpg=PA400&dq=biafra+naval+blockade&source=bl&ots=tGPHJTXeqG&sig=vAfy0HrWdUu8SRnJoO1OJ_VvPUk&hl=en&sa=X&ei=-PnYU4mrFM-oyASJ84G4Bg&ved=0CEQQ6AEwBTgU#v=onepage&q=biafra%20naval%20blockade&f=false http://www.thecrimson.com/article/1969/2/25/who-cares-about-biafra-anyway-pithis/ Ori Hostage, the examples you provided are sporadic and not systematically held by the Israeli government. In this regard, reference should be made to para. 74 of the France/Unesco case of 2001 where the tribunal stated that the practice of more senior officials supersedes that of lower-ranking officials. If you were...

real. And, as in the case of Hussein, the intervening powers have an interest in a trial of Gaddafi that leaves old ghosts in the closet. The same states which basked in the rhetoric of international justice just a few months ago have guaranteed themselves protection from widespread scrutiny and political accountability for their role in propping up Gaddafi’s regime. This may mean that rather than being a beacon of international justice, the intervention in Libya may unfortunately be another example of the selective and political nature of international justice....

professes some agnosticism on the question whether criminal law should run the post-conflict justice roost. He is open to thinking about other modalities of justice, “alongside” or “perhaps in alternative” to criminal law. For Darryl, legality concerns only arise “once we adopt a criminal law response.” But if the efforts lie with building a better ICL, then one would assume that the architect of this better system would hope for it to be implemented. In this sense, the agnosticism seems awkward; something more tendentious must be motivating things here. Surely,...

repurposing of Russian frozen assets for reparations, the debate has evolved in important ways. The authors highlight how incremental and fragmented progress on the long road towards asset recovery for reparation can be capitalised on by States to create credible pathways for supporting survivors. Conclusion This symposium brings into conversation a diverse range of perspectives on critically important and timely questions as to how to fulfil the right to reparation of victims of the war in Ukraine. In doing so, the symposium contributes to moving the focus of discussion surrounding...

...we believe international law is a space for discussion, debate, contestation, critique, and, yes, imagination. We are convinced that exploring the limits of our discipline from the perspective of superheroes, space battles, and Barbenheimer is not just about fun, but about thinking of new ways to approach old debates. We are delighted that our symposium has grown the way it has. Unlike our invite-only symposium of 11 posts in 2021, this year’s edition ran an open call for proposals, leading to 38 pitches from all around the world. This year’s...

...My response will focus on four selected issues, namely the application of ne bis in idem in Article 20(1) to mistrials; the scope of ne bis in idem protection in Article 20(2) of the Rome Statute; the finality requirement and the application of ne bis in idem in Article 20(3) to in absentia trials; and the role of ne bis in idem in transitional justice processes.  Ne bis in idem in Article 20(1) and Mistrials    In his contribution to this symposium, Daniel R. Ruhweza discusses, among others, the important issue...

This week, we have the honor of hosting a symposium on Yasmine Nahlawi’s recent book, The Responsibility to Protect in Libya and Syria: Mass Atrocities, Human Protection, and International Law. From the publisher: This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing...

[Paul Schiff Berman is Dean and Robert Kramer Research Professor at George Washington University Law School.] I want to thank all the participants in this online symposium both for their extraordinarily thoughtful comments on my book and for their many constructive interventions through the years as I have been developing these ideas. I am blessed to be part of a truly supportive academic community, and these posts exemplify all that can be good about thoughtful academic discourse built on dialogue rather than one-upsmanship. Such fruitful academic discourse should not be...

I commend Katerina Linos’ book to our readers and echo the many positive comments that others in this book symposium have shared. Her theory of bottom-up democratic diffusion of norms addresses many of the concerns that have been voiced regarding the democracy deficit that occurs when policy elites borrow from abroad. I want to push Katerina a bit on the question of actors involved in the diffusion process. She notes that “many academics, judges and commentators emphasize how references to foreign law reflect elite predilections antithetical to the views of...

[Jennifer Trahan is Clinical Professor and Director of the Concentration in International Law and Human Rights at the NYU Center for Global Affairs and author of  Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes  (CUP 2020), winner of the “2020 ABILA Book of the Year Award” by the American Branch of the International Law Association.] This is my second and final post in response to the scholarly and thoughtful contributions received related to my book, Existing Legal Limits to Security Council Veto Power in...

its argument, showing how climate change fits within a complex global context. This book is explicit in its primary focus on describing the human problems rather than on solving them. However, in this review, I would like to continue where the book left off by suggesting two implications of Guzman’s exposition for potential solutions. First, this book’s description of the human costs of climate change reinforces the need for linked mitigation and adaptation strategies. With the climate change and its consequences that we have already committed to, even if we...