Search: Affective Justice: Book Symposium: A Response

...for a long time taken the position that the inherent right of self-defense potentially applies against any illegal use of force. In our view, there is no threshold for a use of deadly force to qualify as an “armed attack” that may warrant a forcible response. But that is not to say that any illegal use of force triggers the right to use any and all force in response – such responses must still be necessary and of course proportionate. We recognize, on the other hand, that some other countries...

marijuana." [This is reminiscent of Justice Brennan's concurrence in Bethel School District No. 403 v. Fraser (upholding a school's punishment of a student for giving a lewd speech at a voluntary student assembly) -- Justice Brennan observed that he didn't personally view the student's speech as offensive, but he deferred to the school administrators' exercise of discretion as "not unreasonable."] I think Justice Stevens' dissenting opinion is untenable for at least two reasons. First, if the dissenting opinion had carried the day, it would have allowed judicial second-guessing of almost...

It is well known that Judge John Roberts served as a law clerk to the late Chief Justice Rehnquist, whom Roberts is quite likely to succeed. But less attention has been paid to the actual cases Roberts may have worked on as a law clerk for Rehnquist, even less attention to the cases that Rehnquist worked on when he was law clerk to Justice Robert Jackson in 1952. It turns out that Rehnquist most likely worked on Youngstown Sheet & Tube v. Sawyer , perhaps the most important case dealing...

links with colonial pursuits, Siddharth Mallavarapu raises questions on international law’s present identity and purpose: can it be truly cosmopolitan, or it is forever bound to be at the service of imperial powers? Both Mohamed Helal and Siddharth Mallavarapu call on international lawyers to reconsider their relationship with international politics. Politics should not be seen as law’s ‘Other’, but it as a necessary partner to achieve its purpose (whatever that may be). The symposium then turns to the second prong of Agatha’s study. Miriam Bak McKenna discusses the affective life...

This post is part of the NYU Journal of International Law and Politics Vol. 46, No. 1 symposium. Other posts in this series can be found in the related posts below. The NYU Journal of International Law and Politics is proud to be partnering with Opinio Juris once again for an online symposium. This symposium is a discussion of Professor Jedidiah J. Kroncke’s article Property Rights, Labor Rights and Democratization: Lessons From China and Experimental Authoritarians, which was published in the NYU Journal of International Law and Politics, Volume 46,...

...and explore concrete avenues to strengthen accountability and guarantee access to justice and reparation for victims of crimes under international law. The Way Ahead – Stronger Frameworks for Accountability and Effective Protection of Victims’ Rights In reviewing the current draft instrument on PMSCs, we recommend a series of substantive improvements to better address accountability, justice, and victims’ rights. Preliminarily, the instrument should clearly delineate three forms of responsibility — individuals (natural persons), corporate (legal persons), and States — while including criminal, civil, and administrative liability provisions across both legal and...

the treaty. This joint Asia Justice Coalition – Opinio Juris symposium is to introduce you to some key aspects of the negotiations and to provide you with a flavour of the fortnight of intense discussions in Ljubljana, that have resulted in the ‘Ljubljana – The Hague Convention’. A list of contributions is listed below, with links: Priya Pillai, Introducing a Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections Vaios Koutroulis, A New Tool in the Fight Against Impunity for Core International Crimes Raquel Saavedra and...

[Alonso Gurmendi is a Fellow in Human Rights and Politics at the London School of Economics & Political Science. He is also a contributing editor at Opinio Juris.] [Sarah Zarmsky is a Lecturer at Queen’s University Belfast School of Law. She is also Deputy Managing Editor of Opinio Juris.] It’s the last week of October and that means that the Pop Culture and International Law Symposium is BACK! We are extremely pleased to continue this time-honoured tradition of bringing together international law and movies, comic books, music, poetry, tv shows,...

The project was launched in 2018 to analyse the changes and implications of the contemporary practice of unilateral and extraterritorial sanctions, in a context where there was no general overview and analysis of this practice in international law. The Research Handbook on Unilateral and Extraterritorial Sanctions therefore aims not only to meet this need for a reference book in the field, but also to provide a basis on which to continue the academic debate about unilateral and extraterritorial sanctions, which is far from exhausted. When the Research Handbook was published...

[Ralph Mamiya is team leader for the Protection of Civilians Team in the UN Department of Peacekeeping Operations but writes here in a purely personal capacity, and the views expressed do not represent official positions of his Department or the United Nations. This post is the concluding post of the Protection of Civilians Symposium . ] This week’s symposium on the protection of civilians highlighted the range of legal and practical issues facing UN peacekeepers. Featuring posts from two contributors to the new volume, Protection of Civilians from Oxford University...

the Symposium and will be published in the following days shall contribute to the vivacious and constructive debate around the goals and challenges the ICC is facing today. We are looking forward to a lively discussion on these important issues this week, and we are very grateful to Opinio Juris for hosting this Symposium. Symposium Posts: ‘Injustice Anywhere is a Threat to Justice Everywhere’ – Palestine, Israel, and the ICC by Mark Kersten Mind the Gap– The ‘Palestine Situation’ before the ICC by Alice Panepinto General Assembly Resolution 67/19 and...

Tomorrow, the Center for International and Comparative Law (CICL) of St. John’s University School of Law will have its inaugural symposium. Peggy and I are CICL’s Co-Directors, and we are looking forward to what we hope will be a great kick-off. The symposium, entitled Challenges to International Law, Challenges from International Law: New Realities and the Global Order, is co-sponsored by the American Society of International Law and the St. John’s Journal of International and Comparative Law (the Center’s new online journal). Presenters will include Michael Mattler, the Minority Chief...