In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

14 May

...Western societies often hinges on appeals to ethical standards, such as fairness, justice, and individual rights. Within the fabric of Western cultures, Pathos stirs emotions that deeply tie into personal responsibility, individualism, and autonomy. Some key emotions include: Independence: Arguments that highlight personal liberty, choice, and self-determination are particularly persuasive because they tap into the deep-seated value of independence. Justice and Fairness: Appeals to justice, fairness, and equality often invoke strong emotional responses in Western cultures. Individuals are highly motivated by the desire to see fair treatment, equal opportunity, and...
14.05.25 | |

25 Nov

...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...
25.11.19 | |

17 Aug

[Gabriella Citroni, Researcher in International Law and Adjunct Professor of International Human Rights Law at the University of Milano-Bicocca [gabriella.citroni@unimib.it]; she is also a member of the United Nations Working Group on Enforced or Involuntary Disappearances. The opinions expressed in this post are strictly personal and do not in any way reflect the position of the United Nations Working Group on Enforced or Involuntary Disappearances or any of the institutions/organisations to which the author is affiliated.] On 16 June 2021, the Supreme Court of Justice of Mexico issued a judgment...
17.08.21 | |

04 Oct

...Development Goals, but it is also integral to all dimensions of inclusive and sustainable development. Therefore, Sustainable Development Goal 16 that looks to ‘‘peace, justice and strong institutions’’ requires the effective, accountable, and inclusive participation of women in all spheres of government, especially the Judiciary. As gender parity moves towards the pinnacle of the global agenda, the justice system struggles to leave behind its traditional, mostly male composition, in judicial benches across the globe. This sentiment was echoed by the Human Rights Council Advisory Committee in its report titled “Current...
04.10.21 | |

21 Oct

This week, we are pleased to host a symposium on The Electronic Silk Road (Yale University Press) by Anupam Chander (UC Davis). The publisher’s description is: On the ancient Silk Road, treasure-laden caravans made their arduous way through deserts and mountain passes, establishing trade between Asia and the civilizations of Europe and the Mediterranean. Today’s electronic Silk Roads ferry information across continents, enabling individuals and corporations anywhere to provide or receive services without obtaining a visa. But the legal infrastructure for such trade is yet rudimentary and uncertain. If an...
21.10.13 | |

17 Jan

John Yoo could be held liable for the legal advice he gave the Bush administration — an issue for which the primary, and perhaps only, precedent remains the prosecution of Nazi lawyers in the Justice and High Command cases. I hope that my book will, in some small part, help resolve such difficult legal questions. I have always received extremely helpful feedback on the law-review articles I have mentioned on the blog. I hope the same will prove true for the book. The complete proposal can be downloaded directly here....
17.01.08 | |

21 Dec

[Samantha Besson is a Professor of Public International Law and European Law, University of Fribourg and Fellow of the Wissenschaftskolleg zu Berlin] I would like to start by thanking Dov Jacobs and the Leiden Journal of International Law for organizing this on-line symposium on my extraterritoriality piece, and, of course, for agreeing to publish the article in the first place. Many thanks also to Professor Marko Milanovic and Professor Cedric Ryngaert for their generous comments and not least for taking the time to deliver them at this busy time of...
21.12.12 | |

05 Jan

We are grateful for the praise and the criticisms of our book from distinguished scholars like Sungjoon Cho, Rebecca Bratspies, and Tomer Broude. We are particularly pleased that all three appreciated our efforts to engage in an interdisciplinary and multi-level analysis, to do empirical justice to the complexities of the GMO dispute, and to identify the broader implications of the case for the study of international law and politics. We address three issues in particular that deserve a response: our biases in the US/EU dispute; the question of how the...
05.01.10 | |

18 May

...18 U.S.C. § 1503, inter alia, as using “any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede the due administration of justice.” And the California statute (Penal Code § 182(5)) is similar, prohibiting conspiracy “to commit any act injurious to the public health, to public morals or to pervert or obstruct justice, or the due administration of the laws.” But do such criminal penalties apply to international arbitration? It seems that arbitration could easily fall within the general definition of administration of justice,...
18.05.07 | |

14 Dec

...these two inquiries. Chief Justice Burger, dissenting: I agree generally with Mr. Justice Harlan … but I am not prepared to reach the merits. I should add that I am in general agreement with much of what Mr. Justice White has expressed with respect to penal sanctions concerning communications or retention of document or information relating to the national defense. Justice Blackmun, dissenting: I join Mr. Harlan in his dissent. I also am in substantial accord with much that Mr. Justice White says, by way of admonition, in the latter...
14.12.10 | |

12 Mar

...question to you would be - Assuming transitional justice hinges on society addressing its conflict and other related issues, how would it handle the wider cold war aspects that potentially draw the West into the fray? Manuel Ventura So let me get this straight.. if only transitional justice had been implemented, Russia would not have gone into the Ukraine today...? Or did I miss something? Ilya Nuzov Joshua, since Russia failed to institute transitional justice measures, as I explained in my post, the current political elite has no interest in...
12.03.14 | |

18 Nov

...its job for fear of being seen as “soft on terror”. To hell with those critiques on the left or the right! Hooray for American Justice! A great leader of an international criminal tribunal once told me that the test of his tribunal had been not in its convictions of horrendous perpetrators but in its acquittals. Justice Robert Jackson emphasized in 1945 that for judicial norms and judicial forms to be present, a defendant has to be able to prove his innocence in the procedure. That is precisely what happened...
18.11.10 | |