Search: Affective Justice: Book Symposium: A Response
21 Dec LJIL Symposium: A Response by Samantha Besson
[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...05 Jan An Initial Response: Framing Biases and the Role of International Law in Dispute Management
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...18 Nov Wittes on the Ghailani Verdict
...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...12 Mar Ukraine Insta-Symposium: Crisis in Ukraine–A Transitional Justice Perspective
...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...18 May Witness Tampering and Obstruction of Justice in International Arbitration
...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,...14 Dec Wikileaks and the Pentagon Papers
...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...05 Feb AJIL Symposium: Is the Vienna Convention Hostile to Drafting History? A Response to Julian Davis Mortenson, Part 1
Julian Davis Mortenson Hi Ulf – Thanks so much for these thoughtful comments. I’ll offer thoughts about your principal points in my official 1,000-word response when it runs. But I was quite intrigued by one thing that I won’t have space to address in the formal response, so I thought I’d follow up on it here in the comments. You say that the VCLT “confirm[s]” that “the legally correct meaning of a treaty” is defined by “the communicative intention of the treaty parties.” My first reaction was -- “Boy, that’s...22 Jun A Review of Andrew Guzman’s Overheated
I read my friend Andrew Guzman’s book Overheated: The Human Cost of Climate Change with great interest because I know Guzman is exceedingly capable at communicating complex ideas in an accessible format. He’s done that throughout his career, and Overheated is no exception. Like Hari Osofsky, I commend the book to our readers. Before you teach the law of climate change, give your students the facts by assigning portions of this book. The science behind climate change is one of those issues that is beyond the comprehension of most intelligent...25 Nov Selling Our Wares in the Marketplace of Ideas
John Knox Two thoughts. First, the search nearly always starts with Google, but it doesn't end there -- if a searcher finds references to your book, won't he or she then be able to obtain the book itself easily? Second, are you safe in assuming that the book won't be completely searchable online within the next few years? Either way, I don't think books are going to be obsolete in the near future. Devon Whittle Why not just publish a book but also distribute it as an eBook? Roger Alford...
01 Apr Symposium on Military AI and the Law of Armed Conflict: Introduction
...Seoul, and we hope insights from this symposium can shape our understandings in advance of this important meeting and others like it. The symposium kicks off with a pragmatic reflection on ‘A Risk Framework for AI-Enabled Military Systems’ by Lieutenant General (Ret.) Jack Shanahan, who builds on his extensive military experience to suggest a five-tier risk hierarchy for developing and employing AI in military contexts. The second post from Rebecca Crootof shares her insights and experience with the U.S. Defense Advanced Research Projects Agency (DARPA), explaining the inner workings, current...