Search: Affective Justice: Book Symposium: A Response

was largely reversed by Congress a few months later while the long term effects of Sanchez-Llamas remain uncertain. For this reason, this symposium is a terrific opportunity to shine the light on this potentially important decision. This symposium is full of blogger-professors. In addition to yours truly, Opinio Juris co-blogger Peggy McGuinness and Opinio Juris guest-blogger Janet Levit have contributions in this symposium. Bloggers Melissa Waters and Paul Stephan also have essays. The symposium will not be the last word on Sanchez-Llamas, but it is certainly an important first word....

Conflict/Opinio Juris symposium on the ICC Prosecutor, is dedicated to the memory of Felipe Michelini, Chair of the Board of Directors of the ICC’s Trust Fund for Victims, who passed away following a tragic accident as this piece was being finalized.] Introduction As Chairs of the ICC Assembly of States Parties Committee and Panel of Experts on the Election of the Prosecutor, we have read with interest the thoughtful articles in the recent symposium on “The Next ICC Prosecutor.” As the conveners rightly stressed in their introduction, “the choice of...

...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...

[Tim Fish Hodgson is a Legal Adviser for the International Commission of Jurists and Tanveer Jeewa is a Communications Consultant for the International Commission of Jurists.] This week Opinio Juris is hosting an online symposium on the impact of COVID-19 on human rights in Africa. Coordinated by the International Commission of Jurists’ Africa Team, the symposium hones in some key issues arising out of the global pandemic and State responses to it in Africa. Its key focus throughout is highlighting the need for States’ COVID-19 responses to be consistent with...

...readers to the works of Akinkugbe, Anghie, Miles, Perrone, Sattorova, Sornarajah, and many others (Afronomicslaw is an excellent source of material on the debate). We also showcase the Symposium we launched today. Three months ago, we invited scholars to contribute to a discussion on FDI in Latin America and the Caribbean. We raised the concerns detailed above: while we acknowledge that FDI can play a role in fostering development in host states, we wondered about the regional Economic Commission’s verdict: “there is no evidence to suggest that FDI contributed to...

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...

...when I pointed out that only one person in the room would ever know racism and, curiously, they left out his views. There is something surreal about being told you are not a legitimate interpreter of your experiences and realities. Such is the nature of colour-blind racism, or gender-less sexism, that its interlocutors search for reasons not to classify behaviour as racist or sexist. This pattern of de-personifying injustice, Bonilla-Silva explains, is consistent with oppression practices 3.0. Through subtle and institutional actions, we render inequalities faceless, expunging perpetrator and victim...

I want to congratulate Mark Pollack and Gregory Shaffer for their recently published book When Cooperation Fails: The International Law and Politics of Genetically Modified Foods (Oxford 2009). Using the WTO proceeding as a focal point, When Cooperation Fails explores the vexing question of why multiple international and bilateral initiatives have failed to resolve the transatlantic GMO dispute. The book offers a clear and detailed tour of “the difficulties, limits, and outright failures of international cooperation” (pp. 3, 280) for regulating GMOs. It also details the success that international institutions...

[David Zaring is Assistant Professor of Legal Studies and Business Ethics at the University of Pennsylvania’s Wharton School] Pauwelyn, Wessel, and Wouter’s excellent book, which in turn marks the fruition of a project on informal international lawmaking that they dub IN-LAW, is pretty good on the theory end of things, which is what this post will look at, and also critique. Organizationally, the editors cracked the whip creditably – each chapter is organized, features a takeaway, and follows well. But should you read it? PWW develop both a definition and...

1901-1945 time frame. Here’s a quick description of the project as a whole: From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court’s use of international law from the Court’s inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has...

up doing nothing, while the world watches helplessly as the atrocities unfold.  Alternatives to the Security Council do not always exist.  In most situations, the General Assembly cannot simply take up the measures blocked within the Security Council because certain powers contained in the UN Charter are exclusively the province of the Security Council.  On the 75th anniversary of the UN Charter, this book suggests that a solution for this dysfunction may actually exist. The Book’s Central Thesis The central thesis of the book is that casting a veto while...

modify the introductory claim. To my mind, this work’s potential is not merely as descriptive book about the Constitution’s foreign affairs text as it was “understood” in the eighteenth century. Pitching it this way make it rely too much on one-sided history, and ironically does the book’s theory a disservice by rending to be a historical curiosity that may or may not be relevant to the age of globalization. Rather, what this book really is doing is presenting an elegant, balanced theory derived from text and one – not “the”...