Search: Affective Justice: Book Symposium: A Response
25 Jan Opinio Juris Book Discussion: “The Art and Craft of International Environmental Law,” by Daniel Bodansky
outlining the main themes and claims of the book, we will hear from an impressive group of scholars who will provide critiques and responses to the book. Our commentators for the week are Professors Peter Haas, Scott Barrett, David Freestone and Kal Raustiala. Peter Haas is a professor in the Department of Political Science at the University of Massachusetts Amherst. His work focuses on the effectiveness of international environmental regimes and global governance. He is the co-author of “Global Environmental Governance” (with James Gustave Speth) and has frequently served as...18 Jun Mark Kersten’s New Book on the ICC
in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The ‘peace versus justice’ debate, wherein it is argued that the ICC has either positive or negative effects on ‘peace’, has spawned in response to the Court’s propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical...20 Mar LJIL Symposium: Response of Lori F. Damrosch to Comments by John Dugard
[Lori F. Damrosch is Henry L. Moses Professor of Law and International Organization and Hamilton Fish Professor of International Law and Diplomacy at Columbia Law School] My article, ‘The Impact of the Nicaragua Case on the Court and Its Role: Harmful, Helpful, or In Between?’ originated as a contribution to a symposium convened on the 25th anniversary of the delivery of the merits judgment in the case. I took as my starting point one of the statements issued by the US government while the case was pending, which had predicted...15 Mar Cheng Book Roundtable: Should ICJ Judgments Be Effective? (A Response to Professor Brown)
...promote coherence, adherence, and stability necessary for the common good.” That said, can a judicial decision achieve international justice if it is thoroughly ignored and makes no practical difference to victims and perpetrators of injustice? I also welcome Professor Brown’s tentative application of my theory to the Nuclear Tests Cases, which are not addressed in my book. In that dispute, Australia and New Zealand brought claims against France for its atmospheric nuclear tests in the South Pacific. He correctly recognizes that the ICJ’s refusal to render a decision after France...26 Jun Linos Book Symposium: Response to Comments by Bradford and Brewster
...diffusion through democracy lead us to expect global convergence or regional silos? Both Rachel Brewster and Anu Bradford correctly note that my book focuses in large part on the expansion of social policies. What happens when instead of advocating for the expansion of social programs, international organizations such as the IMF and the EU, as well as foreign governments, advocate for austerity? As some of the book’s case studies are drawn from Southern Europe, this is a great question to ask at a moment when South European governments are making...
29 Mar Justice in Extreme Cases Symposium: Introduction from the Author
[Darryl Robinson is an Associate Professor at Queen’s University Faculty of Law (Canada), specializing in international criminal justice.] I am deeply grateful to each of the scholars who have contributed to this symposium. Together they have produced a wonderful collection of insightful reactions. I also thank Opinio Juris, and in particular Kevin Heller and Jessica Dorsey, for hosting this exchange. Justice in Extreme Cases is about the criminal law theory of international criminal law (ICL). The project grows out of my PhD studies at Leiden University, and was given helpful...26 Feb The Perils of Reducing International Lawyers to Their Nationality: A Response to Vamos-Goldman
its negative implications when the same Boris Johnson government had a national competing for perhaps the most important and visible international criminal justice position in the world: Prosecutor of the International Criminal Court (ICC). UK Barrister Karim Khan has now been elected. The result is that the states parties to the ICC have rewarded a country that is undermining international justice. And some of the other players in the international community let it happen, without raising their voices. There is no question the UK is pleased the next Prosecutor will...
30 Mar Justice in Extreme Cases Symposium: A Response to Darryl Robinson
[Elies van Sliedregt is professor of international and comparative criminal law at Leeds University and Director of its Centre for Criminal Justice Studies (CCJS) and she is senior editor of the Leiden Journal of International Law and a member of the Royal Holland Society of Sciences and Humanities.] This is an awesome book. The sort of book I wish I had written. When I researched individual criminal responsibility in ICL some 20 years ago, I used a comparative and domestic criminal law lens through which to understand international concepts and...29 Mar Symposium: Gordon Reply to Drumbl
(or indeed preferable) for international criminal adjudication. In this sense, I could not agree more with Professor Drumbl’s calls for incorporation of indigenous and traditional systems of justice into the international model. I would caution, however, that to the extent the wells of traditional, indigenous justice have been poisoned by a culture of impunity, we should always keep our focus on the due process features mandated by bedrock principles of human rights. In my article, I point out that experts have generally classified justice systems into three separate categories: domestic...02 Jun Guest Post: Silences in the Bond Case
Jay Treaty in the 1790s, members of Congress were drawing this connection, and Congress relied on this power in the extradition and trademark context long before the Supreme Court decisions in Neely v. Henkel and Missouri v. Holland. In indicating that he would overrule Justice Harlan’s unanimous holding in Neely and Justice Holmes’s holding for the Court in Missouri with respect to the treaty-implementing power, Justice Scalia complained that these holdings lacked citation. I don’t think he intended irony, but I cannot help seeing it. For in stretching to hold...