Search: Affective Justice: Book Symposium: A Response
10 Jan Proposal du Jour: A “Concert of Democracies”
presupposes transnational justice. [....] Even states with exemplary legal systems for the domestic protection of human rights have a moral obligation, grounded in the Natural Duty of Justice, to support a global legal system that includes principles of transnational justice as far as these are required for normativized, justice-based practice of state recognition, even if that system contributes nothing more to the protection of human rights within their own borders. More generally, even the most just states ought to support a regime of transnational justice that encourages less just states...02 Oct Kiobel Roundtable: Protecting National Interests or Universal Ones?
argument that I think are worth highlighting. One is the prominent role played for several Justices by the assumption that piracy was intended to be within the scope of the ATS. Justice Breyer, for example, posited (at p. 26) that an analogy to piracy supports extending a cause of action to overseas human rights violations, observing that “the question to me is who are today’s pirates? And if Hitler isn’t a pirate, who is?” And Justices Scalia (p. 24-25), Chief Justice Roberts (p. 25), Justice Sotomayor (p. 33), and Justice...31 Aug My Response to Ken About Bin Laden’s Death (Updated)
...it an adequate response to say that the key is whether the wounded combatant had been captured prior to his killing (and thus presumably neutralized); that response also renders Art. 41(2)(c) a nullity, because Art. 41(2)(a) already deems a combatant “in the power of an adverse Party” to be hors de combat. Here is my question for Ken or for anyone else who believes UBL’s killing was consistent with IHL: can you please identify a situation in which a wounded but non-captured combatant cannot be lawfully killed? NOTE 1: Ken’s...20 Apr Responses on Non-American Views of the ATS, and Marko Milanovic’s Response to Eric Posner
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...30 Jun Initial Thoughts on Hamdan
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...31 Oct The Inferior Quality of ECJ Decisions
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...15 Apr Some Thoughts on Eric Posner’s WSJ Editorial
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...12 Sep U.S. Ambassador to Libya is Killed; What Responses are Legal?
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...31 Mar Israel’s “Defenders” Show Their True Colors Regarding Academic Freedom
...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...