Search: Affective Justice: Book Symposium: A Response

[Robert McCorquodale is the Director of the British Institute of International and Comparative Law, Professor of International Law and Human Rights, University of Nottingham, and Barrister, Brick Court Chambers, London. This is the sixth and final post in the Defining the Rule of Law Symposium, based on this article (free access for six months). For the other contributions, see links below.] I am immensely appreciative of the deep thought, and the time and effort, which the contributors to this Symposium have undertaken. My thanks, too, to the editors of Opinio...

[Darryl Robinson is an Assistant Professor at Queen’s University, Faculty of Law] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. I am delighted to participate in this online symposium, this time at the receiving end. The emergence of online symposia is a commendable innovation which I am eager to support. When academic conversation is carried out through journal articles, the rhythm is glacially slow. Years pass between argument, counterargument and response. Online symposia provide a rapid...

answers. The EU, the US and their like-minded partners’ reliance on unilateral sanctions (on terminology see Charlotte Beaucillon, Introduction; see also Jean-Marc Thouvenin, chapter 9) in response to Russia violation of Ukraine’s territorial integrity and sovereignty illustrate the timeliness and relevance of the Handbook. In the closing remarks of Unilateral and extraterritorial sanctions policy: the Russian dimension, Ivan Timofeev (chapter 6) noted that “sanctions are most likely to remain a feature of Russian-Western relations for decades” and how “[a]ny new crisis may provoke further exchanges of restrictions.” This is, unfortunately,...

...way in which the system is constructed so as to create impediments to [global justice].” My response to this view is stated in the penultimate paragraph of my book: This book begins where it begins, with the politics of theorizing. The account of the international legal system offered here has political consequences if decisionmakers adopt it. It rejects a blanket disapproval of international law and so will not resonate with trenchant exceptionalists or other scholars who radically challenge existing international power structures reflected in the international legal system. It also...

books nor is there any reason whatsoever to conclude that they are "one-sided." Such a judgment could only come from someone who has not taken the time to read the books in question. That is to say, don't just read the lists, but read the works that make up the lists. Patrick S. O'Donnell I've left an extended comment/post but it appears to have been eaten (this has happened before and it later appears so perhaps it will this time as well; if it does, it just means I didn't...

[Beth Van Schaack is the Leah Kaplan Visiting Professor in Human Rights at the Law School and a Visiting Scholar at the Center for International Security & Cooperation at Stanford University. Please don’t miss Patryk I. Labuda’s symposium post at Justice in Conflict.] The relationship between the United States and the ICC has been characterized by change more than continuity. Over the years, and across U.S. presidential administrations, these interactions have vacillated between a wary arms-length posture to constructive support and cooperation to overt hostility (see the ABA’s timeline here)....

order a counterattack. What possible reason would there be for such a gap? John D. Professor Ramsey, I will first admit that I have not yet read your book but do plan to add it to my library. I have been reading these posts with great interest. Thanks to opiniojuris for this symposium. On this issue, however, I believe Professor Kent has the better argument. I understand you, Professor Ramsey, to be saying that the president can order any and all military responses, to include attacking on the enemy's soil...

24; see also Poblete Vilches v. Chile). These human rights create a landscape in which States’ accountability for their response to COVID-19 can be adjudged upon. Ineffective State responses to the COVID-19 pandemic might not ostensibly go against international or regional human rights standards. However, when reviewed, violations of human rights become apparent. A common response by States that were ineffective in controlling the pandemic was a delayed response.  The failure to act, especially when legally obligated to take measures to control and treat epidemics is a violation of Article...

On 19 January 2021, the Independent Panel for Pandemic Preparedness and Response (the “Panel”) presented to the WHO Executive Board its “Second Progress Report”, which is its first substantive report on its inquiry into the international response to the COVID-19 pandemic. While the Panel’s inquiry is still under way, it has submitted the Second Progress Report as an interim report consistent with its commitment to “work in an open and transparent fashion”. This post provides some observations on the Panel’s findings as well as its working methodology as reflected in...

...health emergency and pandemic prevention, preparedness and response. Find more information here or here. This is a pivotal moment in the global governance response to future pandemic threats, with crucial global health law reforms being undertaken through the World Health Organization (WHO) to “draft and negotiate a convention, agreement or other international instrument on pandemic preparedness and response.” To be developed by the World Health Assembly of WHO Member States, this so-called “Pandemic Treaty” provides a crucial opportunity to advance human rights in global health governance, responding to human rights...

the United States.  All somewhat at odds with conventional assumptions of power structures in ICL in this period. A point reinforced by the 1944 Oscar-nominated movie None Shall Escape which envisaged Asian and African justices adjudicating on Nazi crimes in Poland. The war against Ukraine has produced calls for assistance from the government of Ukraine and debates on the best international legal response. The Ukraine government calls out individual actions conducted by soldiers and pilots as war crimes, as well as the actions of Russian President Vladimir Putin. States and...

...examinations would have advanced greater political recognition of genocide against the Tamil people or, at the very least, critical engagement on the question of genocide. Instead, international stakeholders have avoided these discussions, neglecting the views of Tamils and exacerbating their hopelessness and frustrations by supporting the GoSL’s failing transitional justice process under UN Human Rights Council Resolution 30/1 (2015). Creative Responses to Impunity: The Independent Investigative Mechanism On the heels of OISL’s report, the GoSL cosponsored Resolution 30/1, agreeing to fulfill 25 key commitments, including creating a judicial mechanism involving...