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Search: Affective Justice: Book Symposium: A Response

13 Sep

also negatively affect reconciliation efforts, as it may leave survivors and their communities to consider that these harms remained insufficiently addressed, potentially inhibiting peace processes and/ or preventing full participation in peace processes leading to festering frictions between groups. Moreover, bypassing survivors and administering justice removed from the survivor’s realities may finally also jeopardise the Court’s own legitimacy in leaving its wider audience to ask who justice is administered for, and whether the Court renders justice in a manner contributing to reconciliation. International jurisprudence, recent and dated alike, affords the...
13.09.18 | |

17 Aug

...with the ultimatum coming from the Economic Community for West African States (ECOWAS) to either step down or the Community will deploy troops to install Adama Barrow, Jammeh decided to cede power to the winner. And Gambians finally stepped on the road to justice and truth. Both Ukrainians and Gambians illustrated that resistance can bring changes. Although this piece does not intend to analyze the effectiveness of transitional justice mechanisms in both states, Belarusians can draw some positive examples from these experiences and finally reconcile with their past to build...
17.08.20 | |

09 Aug

[Alonso Gurmendi Dunkelberg is a Departmental Lecturer in International Relations at the University of Oxford, in association with Somerville College, as well as Visiting Professor at the University of Michigan, Ann Arbor.] Doing Justice to History is an amazing book and a fascinating read, particularly for those of us who, like me, enjoy studying the connections between international law and history. Barrie Sander has done an excellent job in pondering the question of whether courts are the right place for history to take shape, especially in the context of contentious...
09.08.23 | |

16 Oct

another thought-provoking discussion of my work here on the impressively revamped Opinio Juris website. Although each blogpost makes many points that deserve thoughtful response, space and time permit only this brief overarching answer. Overall, I am reassured that the commentary basically reaffirms several of the book’s key themes, as summarized in my initial symposium entry: (1) the anatomy of a struggle and the strategy of counter-resistance, (2) the critiques to my discussion of “America’s Wars” (Chapter 5); (3) some responses to particular critiques and (4) what’s really at stake. The...
16.10.18 | |

04 Feb

Oliver Windridge Congratulations to the Karen Alter, Laurence Helfer and Jacqueline McAllister. This article serves as a clear and concise introduction to the ECOWAS Community Court of Justice (ECCJ). I was especially interested to read of the ECCJ’s evolution to encompass human rights cases (surely a positive sign in itself of Africa’s shift towards prioritising human rights protection?) and the Court’s subsequent courageous judgments often in the face of the government opposition One small point, on the introduction posting to the AJIL Symposium (posted February 3rd 2014) the box containing...
04.02.14 | |

10 Oct

...enforceable. Justice Scalia seemed to view this as impinging on Article III, although he thought qualifying them as non-self executing (using his definition of the term) would solve the problem. Justice Breyer, in contrast, took a more prudential counter-position, noting that it might make hundreds of U.S. treaty provisions unconstitutional. Speaking of Justice Breyer, I was intrigued by his attempt to simplify this case as a straight-up application of the Supremacy Clause: JUSTICE BREYER: Maybe you could spend a minute explaining that, because, as I read the Constitution, it says...
10.10.07 | |

02 Aug

Justice Ginsburg has fired the latest salvo in the ongoing debate about the Court’s use of foreign and international law sources in constitutional adjudication. On Friday, she gave a speech to the International Academy of Comparative Law at American University, entitled “A decent respect to the Opinions of [Human]kind”: The Value of a Comparative Perspective in Constitutional Adjudication. Not surprisingly given her earlier opinions, Justice Ginsburg comes out strongly in favor of the Court’s use of foreign and international law materials to interpret U.S. law, including the Constitution. She begins...
02.08.10 | |

25 Oct

...case also raises a host of issues on the nexus between enforcing judgments and pursing denial of justice claims in investment arbitration. Can Dole now bring a “denial of justice” claim against Nicaragua under the U.S.-Nicaragua BIT? What effect, if any, would the district court judgment have in such a case? Or consider the Dole case in light of Chevron’s litigation woes in Ecuador. I’m curious what relationship, if any, there is between its investment arbitration claim of denial of justice and attempts to prevent enforcement of foreign judgment for...
25.10.09 | |

25 Oct

...functions, and the provision of training and capacity building for justice personnel; i) Procedures and rules for co‐ordination between the different courts and functions within the criminal justice system, as well as between institutions of the criminal justice system and the other institutions and mechanisms envisaged by the JRRD; j) Adequate resources for delivering timely and meaningful justice. Another interesting aspect of the report’s recommendations is its approach to traditional Sudanese reconciliation mechanisms. It endorses those mechanisms, as it should — but it also rightly insists that traditional justice is...
25.10.09 | |

17 May

whereas violations of access rights do not. I’ve only had a chance to read the opinion quickly, so let me offer some initial reactions, and reserve the right to come back later with a more detailed analysis. The Court uniformly accepts the use of foreign law to interpret treaties First, as regular readers know, there’s a lot of controversy surrounding the use of foreign law by some members of the Court in recent years. Indeed, Chief Justice Roberts, Justice Alito and Justice Sotomayor were all called on in their confirmation...
17.05.10 | |

15 Jan

Opinio Juris is pleased to announced that in cooperation with the Council on Foreign Relations we will be sponsoring a book discussion with Walter Russell Mead about his new book, God and Gold: Britain, America, and the Making of the Modern World. The book discussion will be held the week of February 4, and we wanted to announce it early to give our readers the opportunity to buy the book and participate in the discussion. In addition to Mead’s participation, we will have prominent guests as well as the participation...
15.01.08 | |

27 Jun

I am delighted to announce the publication of my book “The Nuremberg Military Tribunals and the Origins of International Criminal Law.” The book can be ordered from Oxford University Press here; Amazon should have it (at a whopping $8.78 discount) in the next few days. Here for the last time is the cover: Once again, I want to thank all of the Opinio Juris readers who have given me feedback on draft chapters and/or the layout of the book’s cover. Your contribution to the final product has been immeasurable. And...
27.06.11 | |