Search: Affective Justice: Book Symposium: A Response
23 May Punishing Atrocities Symposium: Exploring Joint Criminal Enterprise
[Alexander Greenawalt is a Professor of Law at Pace University School of Law. This post is part of our Punishing Atrocities Symposium.] I am honored to provide this commentary on this terrific new book by Jonathan Hafetz. Let me begin by highlighting some of the things that make this publication a valuable contribution to the literature about International Criminal Law (“ICL”). First of all, the book is an extraordinary reference on international criminal tribunals. Someone who knows nothing about the field, will come up to speed very quickly while reading...05 Jan Who Decides and Why?
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...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...23 Jul A Book Discussion: International Law in The U.S. Supreme Court
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...
02 Nov The Legality of a SADC Intervention in Cabo Delgado in the Absence of Mozambican Consent
...launched dozens of attacks across the province, resulting in over two thousand deaths and the displacement of some 250,000 people. As the intensity of insurgent activities continue, so too does pressure on a regional response from SADC. In particular, suggestions forwarded on a SADC response include not only fact-finding missions and humanitarian assistance, but the possibility of a regional military intervention. While the SADC legal framework provides for a military intervention in cases of intrastate conflict such as the one ongoing in Cabo Delgado; whether Mozambique will be open to...
28 Jun The ASP’s Response to Israeli and US Political Attacks
...statements made by States Parties during relevant UN debates; Inter-Ministerial Network (IMN) statements.” The non-exhaustive list of potential measures was created to find a formula for responding to political attacks or threats based on lessons learned from previous political attacks. Previous responses of the ASP consisted mainly of encouraging statements of States Parties confirming their support for the ICC and initiatives by the IMN. The initial responses to the recent political attacks followed the same pattern. Responses to the Israeli and US Threats The ASP Presidency, the Prosecutor, and several...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...15 Dec Ashley Deeks’ Problematic Defense of the “Unwilling or Unable” Test
it did, in the form of Article 51′s preservation of the inherent right of self-defense. (We can then debate what constitutes an armed attack by a non-state actor, etc., but that is an entirely separate matter from the subject of this post). Jordan Response... Alston is clearly wrong! And all U.N. members have "consented" in advance to the use of armed force in response to ongoing armed attacks -- in Art. 51 of the Charter. http://ssrn.com/abstract=1520717 Ben: if host state not attacked, no art. 51 right of self-defense pertains. What...10 Mar Mea Culpa Regarding Israel’s Attacks on Hezbollah in 2006
...his excellent book The International Court of Justice and Self-Defence in International Law (p. 49): It is worth noting here that an interpretation of the Court’s jurisprudence on this issue has been advanced that makes a distinction between, on the one hand, a response taken by the victim state against a host state when only the non-state actors operating within that state are targeted and, on the other hand, actions in self-defence when the government or forces of the host state itself are additionally targeted. It has been argued that...