In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

08 Aug

A few weeks ago I presented my book on the Peruvian armed conflict at FIL, Lima’s International Book Fair. The book, “Conflicto Armado en el Perú: La Época del Terrorismo bajo el Derecho Internacional” (“Armed Conflict in Peru: The Times of Terrorism under International Law”), published by Universidad del Pacífico Press, explores how politicized misinformation on the conflict’s history has tarnished the concept of international humanitarian law both in Peru and the broader Latin American context. Before I explain why, though, lets backtrack a little bit. What is the Times...
08.08.19 | |

08 Feb

[Paul Stephan is the John C. Jeffries, Jr., Distinguished Professor of Law and John V. Ray Research Professor of Law at the University of Virginia.] First a disclosure. I have cheered on this project since Anthea Roberts began working on it. We, along with Pierre Verdier and Mila Versteeg, have collaborated on a book of essays as well as an American Journal of International Law symposium that explores the concept of comparative international law across many dimensions. I read earlier manuscripts with interest and enthusiasm. I am, in short, as...
08.02.18 | |

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 | |

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 | |

26 Apr

[Parisa Zangeneh is a PhD student at the Irish Centre for Human Rights, National University of Ireland, Galway, where she is a recipient of the Hardiman Scholarship.] Photo: Parisa Zangeneh Monique Cormier’s recent book focuses on a problem that has plagued the International Criminal Court (ICC, Court) since its inception: its potential (in)ability to exercise jurisdiction over nationals of non-States Parties (NSPs) to the Rome Statute. On the final page, the author predicts that “it is only a matter of time before a significant test of the Court’s jurisdiction over...
26.04.21 | |

25 Jun

and cited drafts of the book manuscript in my own work; included excerpts of Linos’s earlier research in a textbook that I co-edit; and blurbed the back of the book with immense praise. Against this backdrop, I want to interrogate a specific part of the book—the chapter on the United States—and, in particular, Linos’s theoretical account of her political opinion experiments. Indeed, this is the key part of the book that tries to get “inside the minds” of individuals and understand the mechanisms for influencing their policy preferences. The experiments...
25.06.13 | |

13 Mar

not a comprehensive review, but rather a series of brief and impressionistic observations about particular aspects of the book. I have chosen to address some of the fundamental assumptions from which the thesis proceeds, and to raise some questions about them, in the knowledge that this will be followed by posts from others, including responses from the author, which provide an opportunity for my views to be challenged and supplemented by comments on different aspects of the book. Tai-Heng Cheng makes his argument in the context of certain recent US...
13.03.12 | |

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 | |

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 | |

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

[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 | |

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 | |