In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

06 Apr

...at the conference, for publication at the end of 2023 or beginning of 2024. Please direct any and all correspondence, questions, and expressions of interest to the co-editors at drumblm@wlu.edu and c[dot]i[dot]fournet2[at]exeter[dot]ac[dot]uk. Mark Drumbl and Caroline Fournet Events The European Society of International Law Interest Group on International Criminal Justice, Interdisciplinarity & International Criminal Justice: The ESIL Interest Group on International Criminal Justice is pleased to announce on Online Roundtable on “Interdisciplinarity & International Criminal Justice” on Wednesday, 13 April 2022 from 3.30-5.30pm CEST via Zoom. The field of international...
06.04.22 | |

22 Dec

action in Nigeria to achieve justice for the affected communities and address the complex root causes of violence Although violence in the Middle Belt region usually garners little attention internationally, there have been some recent developments on this issue. Just last month the President of the United States, Donald Trump, threatened to intervene in Nigeria militarily if the Nigerian government fails to prevent the killing of Christians. Moreover, the United States has designated Nigeria as a Country of Particular Concern for its alleged violations of religious freedom. In response, Nigerian...
22.12.25 | , and |

01 Dec

Opinio Juris and EJIL: Talk! are happy to announce that over the next few days we will both be hosting a discussion of Marko Milanovic’s recently published book: Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (Oxford Univ Press). Marko’s book examines the question when a State owes human rights obligations under a treaty to persons located outside its territory. This is a question on which there has been conflicting case law and much confusion. This [book] attempts to clear up some of this confusion, and expose its...
01.12.11 | |

30 Sep

...ideas so as to guarantee a coherent approach to the matter, thereby avoiding a fragmented discussion. One important comment received in the course of preparing this book/volume was that a book such as this one could pursue two goals: (1) an overall – single volume – assessment of the literature ‘with some extra edge’; or (2) a selection of the most relevant issues. So, in which category does this work belong? The answer would be that this book as such pursues mainly the first goal but without any claim to...
30.09.13 | |

06 Sep

Congress must as well. Harlan Cohen responded to Professor Kent’s post, suggesting that Professor Golove and Professor William Dodge (one of the book’s editors) may believe that all nations, including ours, are “absolutely bound” by certain rules of international law, those that the well-known (to the Framers and to academics) and influential Eighteenth Century international law commentator Emmerich de Vattel categorized “voluntary law.” Professor Golove didn’t express his views on Cohen’s comment in his response to Professor Kent. The only clue he provided to support his conclusion was this. “It...
06.09.11 | |

16 Sep

Chuck Lane makes this case for rejecting a “cry fire” analogy on Koran burning, as suggested by Justice Breyer in a book-flacking recent interview with George Stephanopoulos. The logic is pretty clear: that where an expressive act creates an immediate danger, it’s not constitutionally protected. If the burning of a Koran in Florida was going to cost lives in Afghanistan, then maybe there is a compelling interest in suppressing the expression, or so Breyer seemed to suggest. I will defer to Chuck on how this doesn’t work under a historical...
16.09.10 | |

14 Feb

Justice Scalia’s passing comes as a shock and is generating tributes across ideological lines. Indeed, whether you agreed with his opinions or not (and I was not a fan of his thinking on cases like Sosa or Bond), Justice Scalia’s opinions deserved to be read. Lines like “never-say-never jurisprudence” and “oh-so-close-to-relevant cases” are some of my personal favorites. Readers should feel free to add their own in the comment section. In the meantime, I wanted to pay tribute to a side of Justice Scalia that has garnered relatively little attention...
14.02.16 | |

27 Jun

the fraudulent conduct is irrelevant; what matters is whether the conduct affects transactions within the United States. Moreover, Judge Bork’s opinion in Zoelsch questioning the conduct test but endorsing the effects test is virtually the only lower court opinion for which Justice Scalia has a kind word in Morrison. Slip Op. 10-11. I agree with and applaud this understanding of the presumption against extraterritoriality. (Ironically, my article was cited not by Scalia’s majority opinion but by Justice Stevens’s concurrence.) But Morrison sits uncomfortably alongside other opinions written by Justice Scalia...
27.06.10 | |

22 Feb

In a speech at the American Enterprise Institute on Tuesday, Justice Scalia took aim once again at the use of foreign law to interpret the Constitution. While freely admitting that 18th Century English law is relevant to that exercise, he denied that modern foreign legal materials ever are. And in response to a question from Professor Julian Ku, he extended his position to reject the relevance of international law as well. As he did at the 2004 annual meeting of the American Society of International Law, Justice Scalia pointed out...
22.02.06 | |

21 May

I understand that Opinio Juris will be hosting a discussion of Benjamin Wittes’ new book, Law and the Long War: The Future of Justice in the Age of Terror (Penguin 2008) when it is released for distribution on June 19. That is a very good thing to do. I have heard Ben present material from that book and My Sources have got me an advance copy, which I am now reading, and I think it is the most important new element in the discussion of terrorism, detainees, and Guantanamo to...
21.05.08 | |

22 May

...reprisal against enemy violations of the laws of war.” He is quite correct about this, of course, and it makes me realize that I wasn’t as clear as I should have been above. So let me add this response: Correct, no one considers reprisal as a response today, and certainly not against categories of protected persons under the Geneva Conventions. Nor should we, let me be completely clear. But that is the point – in the contemporary period, because we have given up reprisal as a behavioral response to violations,...
22.05.08 | |

14 Sep

on Justice Goldstone himself, however, are even more disturbing. UN Watch, a right-wing NGO, isn’t shy about expressing its disdain for him: “no one has ever disputed that the Arab-controlled Human Rights Council deliberately selected individuals who had made up their mind well in advance — not only that Israel was guilty, but that a democratic state with an imperfect but respected legal system should be considered the same as, or worse than, a terrorist group.” Their evidence for Justice Goldstone having already decided, despite his history and his reputation,...
14.09.09 | |