Search: Affective Justice: Book Symposium: A Response
16 Oct Book Discussion Informal International Lawmaking: A comment by David Zaring
[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...29 Jul The Role of the Courts
the book that Marty criticizes is not, as he suggests in a good-natured attempt to defend me from my own work, the predations of a publisher keen to sell more books. It is, rather, the core of the book, from which the rest sprung. The book began with an essay in Policy Review a year ago dealing with judicial review and the war on terror–precisely the section of the book that Marty and Deborah now regard as most problematic. The effort to flesh out that essay led me to the...28 Jul Reading Ben’s Book
...both on the scope of its own power, and on what makes for effective national security policy. We’ll disagree, Ben, about what exactly Congress should do with its power, but if your book’s primary point is this structural one – no issues there. Indeed, I can’t think of anyone I’ve encountered (human rights advocate or no) who’d disagree. Which brings me, at the risk of a digression but in response to another question I’ve heard Ben ask – why don’t more human rights advocates embrace this book? – to the...22 Oct Book Symposium The Electronic Silk Road: Comment by Paul Stephan
[Paul B. Stephan is the John C. Jeffries, Jr., Distinguished Professor of Law and David H. Ibbeken ’71 Research Professor at the University of Virginia School of Law.] I applaud Anupam Chander for picking a great subject for his book. New communications technologies have transformed the way we deliver services by radically lowering the cost of dematerialized, long-distance transactions. The resulting explosive growth of cross-border sales of services is one of the most significant aspects of the modern global economy. There are, of course, a host of books about the...13 May Pre-Order Polakow-Suransky’s New Book on Israel and South Africa
I was going to wait until the book — entitled The Unspoken Alliance: Israel’s Secret Relationship with Apartheid South Africa — came out to mention it, but now seems like an opportune time. You can pre-order the book from Amazon here, and here is the description: A revealing account of how Israel’s booming arms industry and apartheid South Africa’s international isolation led to a secretive military partnership between two seemingly unlikely allies. Prior to the Six-Day War, Israel was a darling of the international left: socialist idealists like David Ben-Gurion...18 Oct Book Discussion Informal International Lawmaking: Some thoughts on accountability
better forum than Opinio Juris to conduct this exercise. As has been pointed out, the conceptual book on IN-LAW is, together with a case study book, the result of a two-year research project sponsored by the Hague Institute for the Internationalization of Law (HiiL). From the kickoff onwards, the project has emphasized the importance of addressing questions of accountability, effectiveness and the tensions that may exist resulting from the operationalization of these concepts. We would like to chip into the discussions and respond to some issues raised with regard to...10 Jan Trump’s Threat of Destruction of North Korea and Proportionate Defensive Force: An Assessment of Similar Observations in Legal Scholarship and US Practice
...Israel’s 1972 incursion of Lebanon and Russia’s 2008 action against Georgia, the reacting states have found the extent of the response and the level of casualties to be a relevant factor in measuring proportionality (see, for example, UN Doc S/PV.1108 (6 April 1964) pp 7–8, 10; “The Situation in the Dominican Republic”, Yearbook of the United Nations (1965) p 142; UN Doc S/PV.1644 (27/28 February 1972) p 19; UN Doc S/PV.1643 (26 February 1972) pp 3, 15; UN Doc S/PV.5953 (10 August 2008)), it appears that they have, to a...
07 Dec The Hostage Situation in Gaza and the Responsibilities of the International Community
...grounds for international intervention in the hostage situation. In examining which steps can be used, it may be helpful to turn to the response of states to the Russian invasion of Ukraine as a framework of reference. We are aware of the eyebrows that may be raised in response to this comparison, in light of the ongoing Israeli occupation of the West Bank. However, no other acts are relevant to the fact that the crimes committed by Hamas constitute grave violations of international law that warrant international response. In arguing...
30 Jul COVID-19 and Courts Symposium: The Active Role of the Nepalese Judiciary in Guiding Nepal’s COVID-19 Response
bring Nepali citizens who are willing to come to Nepal on the border of Nepal and India”. Second and Third Wave: Managing the deficiencies in the Executive’s COVID-19 responses Another issue in regard to Nepal’s COVID-19 response is the absence of pandemic-specific law, or other appropriate legal framework to respond to the pandemic. The Nepal government used the decades old Infectious Disease Act, enacted in 1964, to coordinate its responses to COVID-19. The use of this outdated, broadly worded and inadequate law was challenged in a petition to the Supreme...08 Jun A Response to Jean Allain and Ryszard Piotrowicz
worsening of the plight of asylum seekers and refugees; and, (v) the proposed ‘quagmire’ of human trafficking is a fallacy. To suggest that efforts to stamp out trafficking are in opposition to core human rights goals is to misunderstand, completely, both the nature of the phenomenon and the central place of human rights in any effective and credible response. Both respondents nevertheless raise questions on several aspects of my critique. The following counter-response is provided with an accompanying observation that the issues raised do not call into question any of...