Search: Affective Justice: Book Symposium: A Response
17 May The Supreme Court takes treaty interpretation seriously: Abbott v. Abbott
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...10 Oct More Medellin, or “How the Court Further Confuses the Self-Executing Treaty Doctrine”
...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...15 Jan Book Discussion with Walter Russell Mead
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...27 Jun NMT Book Published!
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...04 Aug Can the PA Ratify the Rome Statute? (A Response to Eugene)
Hostage Response...All that said, I agree with Eugene’s claim that the Palestinian Authority may not qualify as the government of Palestine — at least without the inclusion of Hamas. You both are obscuring the fact that the Justice Minister who filed the most recent declaration and complaint with the ICC was sworn in on 2 June 2014 as part of the new Unity Government backed by both the PLO and Hamas. Many reliable sources, including Haaretz, USA Today and Al Jazeera, reported that Netanyahu and the Israeli Security Cabinet used...04 Aug Colombia, the ICC — and a Twist!
that the ICC does not need to intervene in Colombia, because its threats to do so have encouraged the Colombian judiciary to increase its efforts to combat impunity, an effect known as “positive complementarity.” Here is the AMICC’s assessment: The Prosecutor of the International Criminal Court, by pressuring Colombia through statements and visits, seems to have boosted Colombia’s historically ineffective justice system. The Colombian Supreme Court is making an unprecedented effort and has had success in bringing to justice those responsible for the worse atrocities against human rights. Although the...29 Mar Opinio Juris On-Line Symposium: Challenges to Public International Law
Several months back, Opinio Juris put out a call for papers for our inaugural on-line symposium to junior scholars. The theme was described as follows: As long as people have been writing about public international law, commentators have suggested that it is a system in crisis or somehow under stress. After a moment of optimism at the end of the Cold War, scholarship has returned to the challenges of international law. Opinio Juris is convening an on-line symposium to carefully consider just what these challenges may be: Terrorism? Hegemony? Illegitimacy?...
30 Mar Symposium on COVID-19 and International Law: Introduction
of analysis around a given topic area, we are delighted that the symposium is as broad as it is deep. Many of the authors in this symposium question whether international law, or its failure, is complicit in the COVID-19 crisis. Others ask how international law can or should respond to the pandemic. We hope the contributions will help catalyse the conversation beyond the parameters of this symposium. Moreover, we hope that these pieces will form part of a broader constructive response to COVID-19, to alleviate its impact, to prevent similar...
15 Mar Book Symposium: The Legal Legacy of the Special Court for Sierra Leone, by Charles Jalloh
Another great symposium is lined up for this and next week discussing Charles Jalloh’s monograph, The Legal Legacy of the Special Court for Sierra Leone (Cambridge, 2020). From the publisher: This important book considers whether the Special Court for Sierra Leone (SCSL), which was established jointly through an unprecedented bilateral treaty between the United Nations (UN) and Sierra Leone in 2002, has made jurisprudential contributions to the development of the nascent and still unsettled field of international criminal law. A leading authority on the application of international criminal justice in...