Search: Affective Justice: Book Symposium: A Response

...and attempt to outsource the cost of justice, as with Senegal’s claim it would delay the trial of former Chadian President Hissene Habre pending receipt of roughly $38 million for the trial. As unpleasant as those options sound, the alternatives seem even worse. Laudable though the trial was on many levels, Munyaneza clouds more than clarifies the road ahead for international criminal justice. Instead, the way forward requires an uncomfortable discussion on reassessing due process norms and how much justice the international community can afford or impunity it can tolerate....

...of the symposium. For now, I end with a lesson I’ve taken away from this symposium. As each contribution evidences, critical scholars have transformed international legal pedagogy from a site of transmission into one of innovation. Scholars across the Asian and African continents cultivate regional approaches to international law and its pedagogy; Black scholars pursue anti-racist teaching to counteract the prejudices subsumed within the regime; TWAIL scholars expose students to the profusion of critiques the authors of textbooks ignore; and the students of these same scholars mobilise and demand not...

...with the ideas, problems, and proposals that the symposium brings forth.   In so proceeding, its conveners are deeply cognizant of the positions of privilege that they each occupy—gender for one, class for the other, and whiteness for both. In a dialogue that can, and in some of the pieces included here, does, require a strenuous and wearisome amount of vulnerability on the part of its participants, this symposium seeks to walk the line between making meaningful contributions to the discourse surrounding classism in the international legal profession, and merely creating...

that we and our excellent contributors gained with time and experience. That is how this symposium emerged – it took a village to assemble this “road map for early career scholars” and we are incredibly grateful for everyone who took their time to participate in this project. The breadth and depth of responses evidence both the anxieties but also the generosity, patience, and creativity of the ‘invisible college’.  The first half of the symposium, hosted by Opinio Juris, opens with a post by Eliav Lieblich who offers a nuanced yet...

[David Sloss is a Professor of Law at Santa Clara University.] I want to thank Opinio Juris for hosting a symposium on my new book, published last fall by Oxford University Press. I also want to thank the group of distinguished scholars who have agreed to offer their perspectives on The Death of Treaty Supremacy as part of this symposium. I very much look forward to their contributions. The book’s central claim is that an invisible constitutional revolution occurred in the United States in the early 1950s. From the Founding...

We are thrilled to announce that over the next few days we will be co-hosting with EJIL:Talk ! a discussion of Anthea Roberts’ new prize-winning book Is Intern ational Law International? (Oxford University Press, 2017). The book has recently been awarded the American Society of International Law’s 2018 Certificate of Merit for “Preeminent Contribution to Creative Scholarship.” As the ASIL Book Awards Committee states: In this book, Professor Roberts takes us along as she chases the title’s question down an international law rabbit-hole to reveal a topsy-turvy world in which...

This week, we are excited to host a symposium on Chiara Redaelli’s Intervention in Civil Wars: Effectiveness, Legitimacy and Human Rights. Scholars and practitioners who will be contributing include: John Hursh, Brad Roth, Luca Ferro, Erin Pobjie, Laura Iñigo and our own Alonso Gurmendi and will close with a rejoinder from Chiara herself From the publisher: This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations,...

[Dr. John Heieck is a criminal defense lawyer in the US and an independent researcher of genocide and human rights studies.] I want to reiterate my thanks to Opinio Juris and the International Commission of Jurists for holding this thought-provoking symposium on my new monograph A Duty to Prevent Genocide: Due Diligence Obligations among the P5. I especially want to thank Professors Jennifer Trahan, Mohamed Helal, and William Schabas for their respective critiques of my book. All three scholars present serious commentaries on the challenges facing the operationalization of the...

starting point for discussion of international law and the Supreme Court is worthy of great praise and admiration. Authors of the response essays included within the book noted the difficulties responding to three carefully constructed chapters. Responding to the entire book is an even more daunting and humbling task. One of the challenges in responding to a project like this is not to rewrite (or re-edit) the book as you would have. Any project like this requires difficult choices about tone and scope, what to include and what not to....

...have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law shows how today’s international courts differ fundamentally from their Cold War predecessors. Most ICs today have ‘new-style’ features, compulsory jurisdiction and access for non-state actors to initiate litigation, which scholars associate with greater independence and political influence. Most ICs today have a mandate that extends beyond inter-state dispute resolution. Chapters in the book chart the uneven jurisdictional landscape of ICs today, and offer an account of the proliferation of new-style ICs. The book is first...

[Michael D. Ramsey is Professor of Law at the University of San Diego School of Law] I join the other symposium participants in congratulating Curtis Bradley on a thoughtful, insightful and balanced treatment of an important topic. This post briefly addresses his discussion of international law and war powers in the U.S. legal system (principally, Chapter 10 of the book) while noting some areas of agreement and disagreement. Bradley’s central message here is that international law plays a role in shaping U.S. war powers, but “[m]uch of the interpretation and...

Litigation Part 2, and plan to critique in depth in a book review, Climate Change, Environmental Justice, and Human Rights: A Response to Professor Posner, that I am in the process of drafting—provides a normative argument against climate-change-based human rights claims under the Alien Tort Claims Act. This paper’s argument, like The Limits of International Law, is grounded in a number of explicit and implicit assumptions that an acknowledgment of multiple normative communities can help unpack. Furthermore, the difference between modified Westphalians and pluralists is more fundamental than the Gershwinian...