Search: Affective Justice: Book Symposium: A Response
12 Mar Cheng Book Roundtable: Should International Legal Theory Predict? (A Response to Professor Ku)
Professor Ku’s review of When International Law Works is most insightful. I thank him for it. His “short bloggish description” of its thesis is as clear a summary of my book as I’ve been able to muster in two sentences. I confess I will probably appropriate it when I present the book at Temple Law School later this week. Professor Ku raises a good question about how predictive my “theory” is. Certainly theory in the hard sciences is often predictive. Many such theories are expressed as falsifiable hypotheses. In contrast,...03 Dec A Response to Milanovic: The Lure of Extraterritoriality
Austen Parrish is a Professor of Law and the Vice Dean at Southwestern Law School. I’m grateful to Opinio Juris for inviting me to comment on Marko Milanovic’s book on the Extraterritorial Application of Human Rights Treaties. The book makes a meaningful contribution to an increasingly important issue of treaty interpretation, and the book’s sweeping treatment of how different courts and entities have addressed whether treaty-based human rights obligations apply beyond borders deserves praise. Few authors have provided this sort of detailed doctrinal description, and none to this degree of...04 Dec On the Legitimacy of the Settlements: A Legal and Historical Perspective
...points of view might be quoted. Speaking in front of the Peel Commission in 1937, Winston Churchill made it clear for instance that there was nothing in the definition of the “National Home” that might have precluded “the establishment of a Jewish State.” (Palestine Royal Commission: Command Paper 5479 of 1937.) As noted by Isaiah Friedman in his British Pan-Arab Policy, 1915-1922: “Whether [the first British High Commissioner for Palestine Herbert] Samuel had this ultimate aim in mind when conceiving his policy is dubious. But Churchill, as his response of...11 Feb Formation of Human Rights Treaties, A Response to Alex Geisinger
I have addressed treaty formation in the book. To that question I would answer “sort of.” As the last paragraph in my response to Roger indicates, the book does explore some of the relevant issues, but not all of them. There is much more to be said on this issue, and it strikes me as important for our understanding of international law and international relations. And if someone has a good explanation for why states sign human rights treaties, I invite them let me know and we can co-author the...16 Jan Armed Conflict With Al Qaida: A Response
...the United States asserted response in self-defense over the past five plus years to the attack of 9/11 and other attacks attributed to Al Qaeda? Was the war in Iraq a proportional response and why? Were the secret prisons a proportional response and why? Were the extraordinary renditions to nations known by State to torture a proportional response and why? What are the legal limits on the United States or any states' reaction to an attack by a non-state actor? Does anything go? Can we round up 100 civilians to...
01 May Can Coastal States Interrupt Foreign Passage in Their Territorial Seas in Response to Non-Compliance with Human Rights Obligations? A Response to the ASCOMARE Legal Opinion
...passage in foreign territorial seas. At the end, I present an alternative justification under which coastal States may interrupt foreign passage in the territorial sea as a response to non-compliance with human rights obligations, notably where international crimes are concerned. Brief Highlights of the Opinion The question of interest concerns whether coastal States may interrupt the passage of a foreign vessel through their territorial sea “in response to non-compliance with international human rights obligations binding upon those States, including obligations under the UN [2014] Arms Trade Treaty and other relevant...03 Jan Dershowitz on Israel and Proportionality
...authority of a neighboring territory, what would you consider a "proportionate" military response, morally, legally, or both? Marko Milanovic If I may venture to offer a response to Prof. Bernstein's question on human shields: Art. 28 of the Fourth Geneva Convention provides that "The presence of a protected person may not be used to render certain points or areas immune from military operations." Art. 51(7) of Additional Protocol I further provides that "The presence or movements of the civilian population or individual civilians shall not be used to render certain...12 Jun A Second Take on Boumediene: Habeas Corpus and Military Commissions
...with which you disagree? Justice Kennedy Should Be Impeached You can't say, though, that they don't have a right to habeas corpus because the scheme is accurate and/or fair. That's a non-sequitur. Apparently, someone didn't read Chief Justice Roberts' opinion, which notes: The Court’s second criterion for an adequate substitute is the “power to order the conditional release of an individual unlawfully detained.” Ante, at 50. As the Court basically admits, the DTA can be read to permit the D. C. Circuit to order release in light of our traditional...
30 Jun Statement Against US Sanctions on ICC Investigations (Updated)
...Adjunct Professor of Law, Columbia Law School David Kader, Emeritus Professor of Law, Arizona State University, Tempe, Arizona Daniel Kanstroom, Professor of Law, Thomas F. Carney Distinguished Scholar, Faculty Director, Rappaport Center for Law and Public Policy, Co-director, Center for Human Rights and International Justice, Boston College Law School Zachary D. Kaufman, Associate Professor of Law and Political Science, University of Houston Law Center David Kaye, Clinical Professor of Law, and Director, International Justice Clinic, University of California, Irvine School of Law Patrick Keenan, Professor of Law, University of Illinois...
25 Nov ‘Lock Them Up and Throw Away the Key!’: Another Step in the ICC’s Pathway toward Retributivism
...a clear signal to would-be perpetrators that justice ultimately prevails”. But can we really say that “justice prevails” when a person is sentenced to long-term imprisonment? Although there is no doubt that mass atrocities must be condemned and prevented, the idea that harsh punishment best serves the purpose of addressing these crimes is more controversial. As several academics have noted, in the last few decades criminal punishment has gradually become the decisive instrument for responding to practices of oppression and violence, as well as for promoting justice and peace. The...