In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

02 Oct

[Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. He returned to Yale in January 2013 after serving for nearly four years as the 22nd Legal Adviser of the U.S. Department of State.] The editors of the rebooted Opinio Juris 2.0 and the International Commission of Jurists are most gracious to hold this impressive symposium on my new book, The Trump Administration and International Law (Oxford University Press 2018). I especially thank my good friend Kevin Jon Heller, who cheerfully looks past our occasional substantive disagreements...
02.10.18 | |

14 Dec

The book that Michael Bazyler and I have been working on for over two years, Holocaust Restitution: Perspectives on the Litigation and Its Legacy (Bazyler & Alford, eds., 2006) is now available for purchase at Amazon here or NYU Press here. The book has received good reviews (available here) such as IAGS President Israel Charney’s blurb that the book is “an invaluable text for students and scholars as well as a fascinating read for all those concerned with Holocaust and genocide issues in all disciplines and on behalf of all...
14.12.05 | |

11 Mar

these topics and the sometimes unsettled questions they present, the discussion reveals an unspoken theme only partially captured by the book’s title. Given its focus, the book is appropriately titled “International Law in the U.S. Legal System,” but the treatment of international law in U.S. law reveals that the interaction between U.S. and international law is not unidirectional. International law affects U.S. law, even U.S. constitutional law, but U.S. law also affects international law. On the incoming side of the relationship, international law produces a range of effects on the...
11.03.13 | |

15 Nov

[Darryl Robinson is an Assistant Professor at Queen’s University, Faculty of Law] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. I am very grateful for James Stewart’s comments on “How Command Responsibility Got So Complicated”. Professor Stewart and I are engaged in similar projects (criminal law theory and international criminal law (‘ICL’)) and immersed in similar literature, so our discussions are always very helpful to me, even though we at times reach different conclusions. Professor Stewart...
15.11.12 | |

06 Sep

[Sondre Torp Helmersen teaches at the University of Oslo and is an LLM candidate at the University of Cambridge.] Stephanie Carvin recently contributed to the Syria Insta-Symposium with a post titled “A Legal Debate Devoid of Consequences (or Bringing Practical Judgment Back In)”. Her call for a practical perspective is timely. The decision of whether or not to attack must be necessarily be a political decision, on which political scientists such as herself may offer sound advice. However, she apparently does not take full account of the fact that international...
06.09.13 | |

09 Oct

[Jean d’Aspremont is Associate Professor of International Law, Amsterdam Centre for International Law (ACIL), University of Amsterdam and Editor-in-chief of the Leiden Journal of International Law] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. Debate has always been a central medium of thought-making and, hence, knowledge-production in social sciences. This is why, albeit aware of the pitfalls of such platforms (see my EJIL:Talk! post), I initiated, with the help of Dov...
09.10.12 | |

09 Apr

[Colleen M. Flood is the Canada Research Chair in Health Law and Policy at the University of Toronto Faculty of Law; Y.Y. Brandon Chen is a doctoral candidate at the University of Toronto.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. In this thought-provoking article, Cohen proposes a six-prong framework to assess whether medical tourism diminishes health care access in destination countries. This kind of theoretical contribution...
09.04.12 | |

15 Nov

[Ilias Bantekas is Professor of Law at Brunel University in London.] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Causality is central in the operation of criminal attribution in all legal systems. It makes sense of course that liability for particular conduct exists where it is proven that it caused the harmful outcome which constitutes the actus reus of an offence. Causation is the fundamental link between conduct and outcome and is as a result the...
15.11.12 | |

15 Nov

might, I cannot follow Professor Robinson down this path. To be sure, there are few scholars whose work I revere more than Kutz and Sepinwall, both of whom bring exceptional degrees of sophistication to a whole raft of issues of great salience to modern international criminal justice. And yet, to my mind, both offer models of individual responsibility that are not available in international criminal justice as presently constituted, precisely because they are not minded to tailor their theories of responsibility to the specific identity of international crimes as they...
15.11.12 | |

19 May

[Janelle Diller is Paul Martin Sr. Professor of International Affairs and Law at the University of Windsor Faculty of Law (Canada), on leave from the International Labour Organization (ILO). Her views do not necessarily reflect the ILO’s positions.This is the fourth post in the Defining the Rule of Law Symposium, based on this article (free access for six months). The first is here, the second, here, the third here and the fourth here.]] By insisting on clarity in approaching the “rule of law” at the international level. Robert McCorquodale significantly...
19.05.16 | |

15 Nov

[Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode.] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. Professor Darryl Robinson is to be commended for untangling what has to be one of the most tangled webs in international criminal law theory. The settled jurisprudence on command responsibility is anything but settled; it is contradictory, confusing, and full of conclusory statements and pronouncements that don’t hold water. With Professor...
15.11.12 | |

14 Mar

...crucial as a moral matter because it promotes minimum world order. Further, the decisionmaking authority that states allocate to judges is not unbounded. It is limited to deciding legal disputes according to laws. It would thus be unethical for a judge to decide a dispute without regard to laws, or worse, based on his personal preferences. But strict legalism, as Professor Howse points out and as I explain in my book, does not exclude moral reasoning about the content of the applicable laws and the practical consequences of applying them...
14.03.12 | |