In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

08 Jun

[Andrea Trigoso is a qualified lawyer with an LLM and experience in International Criminal Justice. She is currently pursuing a MAS in Transitional Justice.] The notification of the Prosecutor of intent to initiate proceedings in February this year renewed hopes of the international community in the Kosovo Specialist Chambers (KSC), mainly because after almost five years of the commencement of its work, very little progress has been achieved in the investigations and prosecution of the cases. However, the Kosovar population does not necessarily share the enthusiasm with the international community,...
08.06.20 | |

11 Oct

deliver justice impartially. Every day of delay undermines this responsibility and casts doubt on the Court’s capacity to act without fear or favour. This moment presents the ICC with a unique opportunity to demonstrate that it can stand firm in the face of political pressure and deliver justice to victims without discrimination. But to do so, it must reaffirm its commitment to impartiality, transparency, and the rule of law. The Chamber’s response to these external forces will not only shape the outcome of this investigation but could ultimately define the...
11.10.24 | |

18 Oct

...counsel asserted that MBUSA “acts independently” of Daimler. Justice Sotomayor responded: “It seems an odd thing to say given the page and a half that the lower court went through on the various ways in which Germany controls this subsidiary. It appoints all its officers. It approves all its operating procedures. It approves all of the people it hires and fires. It seems like there isn’t much left for what….” As further proof that it was not the plaintiffs’ day, Justice Sotomayor was then interrupted by Chief Justice Roberts. While...
18.10.13 | |

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 | |

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 | |

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 | |

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 | |

05 Feb

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...
05.02.14 | |