Search: Affective Justice: Book Symposium: A Response

[Chandra Lekha Sriram, Professor of International Law and International Relations and Director, Centre on Human Rights in Conflict, University of East London.] This insightful article covers a great deal of subject matter, far more than can be analysed in a brief comment. These include not only the topics signaled by the title, but also the relationship between transitional justice and international criminal accountability and between transitional justice and the jurisprudence of regional courts. The primary focus of the article is the jurisprudence of regional courts, specifically the European Court of...

...a month away. The organizers encourage you to apply as soon as possible. You can access more information here International scholars and practitioners of transitional justice are invited to apply for a 1-week workshop and training program on transitional justice organized and led by the Hague Institute for Global Justice from 23-27 June 2014 in The Hague. This week-long training is part of the Transitional Justice in Africa Fellowship Program, a joint initiative by the Hague Institute and the Institute for Justice and Reconciliation (IJR) in South Africa, that brings...

[Raquel Saavedra is an International Legal Adviser, Myanmar, for the International Commission of Jurists. Kingsley Abbott is the Director of Global Accountability and International Justice, International Commission of Jurists.] In recent conversations with diplomats covering Myanmar, we continue to be asked: is it still worthwhile for states to support the work of Myanmar lawyers when the justice system is in a state of collapse?  The answer is yes.  Not only is it worthwhile to continue to support independent lawyers during a time of crisis, it is also critical for there...

...the human rights and the criminal justice perspective. This post introduces some of the main concerns about the Tribunal and its approaches and argues that, due to the considerations raised, STL’s contribution to criminal justice and to the reconciliation of the society is limited – in particular considering the efforts spent. An innovative or premature approach to international criminal law by the STL? Two years after the attack on Hariri, the United Nations Security Council (UNSC), requested by the Lebanese Government, adopted Resolution 1757 establishing the STL with the purpose...

[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,...

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...

...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...

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...

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....

[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...

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...

...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...