Search: Affective Justice: Book Symposium: A Response

Eric Posner picks up on Marko Milanovic’s very interesting comments in response to my question below about the views of non American international lawyers of the ATS. I’m going to pull up interesting responses to my question into this separate post – currently from Marko, Francisco Forrest Martin, and I’ll update if others add things to the bottom of the post. (I have also included below Marko’s response to Eric in comments at Volokh, as Marko was not entirely happy with Eric’s riff.) But here is a bit of what...

the Supreme Court’s concerns in Hamdan must do no more than satisfy Justice Kennedy, because any future case involving military commissions will include Chief Justice Roberts. If the Congress and the Administration can satisfy Justice Kennedy, then it will satisfy any future Supreme Court review by a conservative majority that will include Chief Justice Roberts (Roberts’ views are fairly obvious from his D.C. Circuit opinion). Second, at bottom this case is about Youngstown. But this case is a weak Youngstown prong-three case in which “the President takes measures incompatible with...

stable and secure. Our tradition, on the other hand, safeguards the independence of the individual judge and prizes the transparency of the process of wielding judicial power. Having spent years reading opinions of numerous international tribunals, I have fairly strong opinions on the issue of the comparative quality of judicial decisions. In my humble opinion, decisions of the European Court of Justice are far inferior in quality to decisions of other international tribunals. The European Court of Justice (which is modeled on the French Cour de Cassation) offers the worst...

justice be done though the heavens fall. But when Mr. Garzon turned his sights on his own country, the gates of justice slammed shut. Spain’s establishment was not willing to risk unraveling its own transition to democracy, and rightly so. But then on what grounds should Spanish courts pass judgment on Chile? As for the riots, see above. As for Posner’s supposedly rhetorical question, the answer isn’t what he thinks it is. He thinks he is criticizing universal jurisdiction, but he has actually offered the most powerful defense of it...

...the University of Southampton on April 17-19th will engage controversial questions concerning the manner of Israel’s foundation and its nature, including ongoing forced displacements of Palestinians and associated injustices. The conference will examine how international law could be deployed, expanded, even re-imagined, in order to achieve regional peace and reconciliation based on justice. The conference is intended to broaden debates and legal arguments concerning historic Palestine and the nature, role, and potentialities of international law itself. Participants will be a part of a multidisciplinary debate reflecting diverse perspectives, and thus...

at http://ssrn.com/abstract=2061835 What types of response: (1) working with the Libyan authorities to identify, find, and bring to justice those who planned, authorized, abetted, and perpetrated the international crime of killing an internationally protected person (and it seems obvious that it was planned in view of the fact that the date was 9/11 and the yootube film was published way back in the summer, etc.), and (2) engage in selective measures of self-defense (not a "reprisal" because those are illegal under international law) in response to the non-state actor armed...

[Nesam McMillan is an Associate Professor in Criminology at the University of Melbourne, Australia, and author of Imagining the International: Crime, Justice and the Promise of Community (2020)] In their new book, Drumbl and Holá offer a meditative scholarly inquiry into the practice, motivations and social significance of informing. They invite the reader to better appreciate the everydayness of informing (p. 6), beautifully illustrating how informing is both commonplace throughout time and place and an activity that occurs in the context of people’s everyday lives for a range of deeply...

[Peter Margulies is a Professor of Law at the Roger Williams University School of Law focusing on the balance of liberty, equality and security in counter-terrorism, and author of Law’s Detour: Justice Displaced in the Bush Administration (NYU Press 2010).] The days of Donald Rumsfeld chiding “Old Europe” are gone, but targeted killing has renewed debate on counter-terrorism strategies between the US and Europe. Boundaries of the Battlefield, a symposium sponsored last week by The Hague’s Asser Institute and coordinated by Asser researcher and Opinio Juris contributor Jessica Dorsey, offered...

...concrete legal challenge. In doing so, I follow and summarize the approach and main line of argument of my recent book on the topic. The claim is: If we want to convincingly argue for extraterritorial human rights obligations at the legal level, we need to base this on a justificatory normative theory. The question of extraterritorial human rights obligations has, up until today, mostly been discussed within legal scholarship, initiated in the late 1990s (see the introduction to this symposium by Durmuş). The impressive body of research developed over the...

in particular the reading provided by Saba Mahmood and Talal Asad, can enrich our understanding of what international lawyers do. One of the curiosities of international law is that it does not work independently from politics and economies, and yet we teach it as if it does. As Ana Luísa Bernardino (chapter 16) points out, textbooks shape what counts as international law and what should be excluded. Although it is artificial, when we follow textbooks as we teach, we have a tendency to separate international law from other fields. This...

always retain the inherent right and obligation to exercise unit self-defense in response to a hostile act or demonstrated hostile intent. Unless otherwise directed by a unit commander as detailed below, military members may exercise individual self-defense in response to a hostile act or demonstrated hostile intent. When individuals are assigned and acting as part of a unit, individual self-defense should be considered a subset of unit self-defense. As such, unit commanders may limit individual self-defense by members of their unit. Both unit and individual self-defense includes defense of other...

...institutions whose doors are open to individuals truly from around the world would challenge and expand the limits of this college. However, neither Schachter nor Crawford offered a comprehensive account of the inner logic of this supposed college. Perhaps out of a sense of noblesse oblige or class solidarity, neither of them pondered over the essentially bourgeois character of the so-called college and its exclusionary tendencies. In this short contribution, in reaction to and inspired by reading and editing the pieces in this symposium, I will endeavor to discuss some...