Search: Affective Justice: Book Symposium: A Response

...of destruction within the relevant regions. While the exercise of hard power has taken the limelight, it is noteworthy that the ongoing conflicts are not bereft of the involvement and influence of soft power.  The present discussion will delve into the significance of soft power and the correlation between such power and misinformation. Upon making several observations to that effect, the discussion will then progress to the role of the International Court of Justice (ICJ) in light of soft power and misinformation.  The Significance of Soft Power As defined by...

[ Steve Charnovitz is an associate professor of law at The George Washington University Law School. He blogs at the International Economic Law and Policy Blog .] On October 31, 2008, I made a presentation at the ASIL’s Tillar House of a proposal for an “International Court of Justice Decisions Implementation Act.” My proposal is an outgrowth of my essay in the Agora of the July 2008 issue of the American Journal of International Law. The Agora focuses on the U.S. Supreme Court’s decision in “Medellin v. Texas” and includes...

[ Jessica Zhu  graduated with honors from Stanford University and is now a student at Stanford Law School, where she is executive editor of the Stanford Law Review. Beth Van Schaack is a Distinguished Fellow with Stanford’s Center for Human Rights & International Justice and the former U.S. Ambassador-at-Large for Global Criminal Justice. She is a co-founder and principal with the Alliance for Diplomacy & Justice.] This is a two-part post analyzing the degradation of the U.S. State Department’s annual human rights reports under U.S. Secretary of State Marco Rubio. Part...

...Rights Institute; Chair, Commission on International Justice and Accountability; former US Ambassador-at-Large for Global Criminal Justice (2009-2015). Sareta Ashraph  is a Visiting Fellow of Practice with the Oxford Programme on International Peace and Security, Institute for Ethics, Law, and Armed Conflict (ELAC), Oxford Blavatnik School of Government; she is a barrister with Garden Court Chambers; and the Co-Vice Chair of the IBA War Crimes Committee] [This blog post describes new research being carried out at the University of Oxford around the question of whether some form of permanent support –...

...on paper only in the form of the Protocol on the Statue of the African Court of Justice and Human Rights and the subsequent 2014 Draft Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights. Read through this second Draft Protocol and there emerges details of a mega-court that would subsume the current African Court on Human and Peoples’ Right which would then exist as a “Human and Peoples’ Rights Section”, alongside a “General Affairs” section and an “International Criminal Law”...

[Michael A. Newton is Professor of the Practice of Law, Vanderbilt University Law School] The Kony 2012 campaign had the laudable goal of increasing public awareness in order to aid the search for justice and accountability in the wake of LRA atrocities. In fact, the worldwide attention had the paradoxical effect of demonstrating the lamentable reality that the optimal pathway towards authentic justice for LRA victims in that setting is neither simple nor self-obvious. This is true for a number of reasons which I shall summarize. Firstly, the complexity of...

I am just now beginning to make my way through the Iraq Study Group report issued today. I wanted to raise one small but interesting issue relating to Justice O’Connor’s service on the study group. We all know various historical examples in which a sitting or former justice served an important political function (John Jay, Robert Jackson, Earl Warren, etc.). But it seems this is one of the few instances in recent memory in which a former Supreme Court justice is part of a team giving political advice to the...

...petty offences, or placing the children in closed institutions in such a young age. A system which does not allow for diversion based on restorative justice principles, such as settlement or withdrawal of the proceedings is clearly destined to devastate or at least highly negatively impact children’s lives. To reflect the Article 40 of the CRC and the CRC Committee’s  recent General Comment No 24 on children’s rights in the child justice system, the common and ultimate objective for all professionals in the justice system should be to support the...

We are pleased to host this week a discussion of Benjamin Wittes’ book Law and the Long War. Ben’s book is a comprehensive analysis of how September 11th did–and did not–change National Security Law, the disparate group of legal mechanisms related to counter-terrorism. It is also about what the role of law in counter-terrorism should be. It is a book that is sure to ignite debate from all around. As Ben writes: [T]his is a critique of the Bush administration, whose consistent — sometimes mindless — aggressiveness and fixation on...

We’re pleased this week to host a discussion of Ruti Teitel’s new book, Humanity’s Law, just out from Oxford University Press. Ruti is Ernst C. Stiefel Professor of Comparative Law at New York Law School, where she directs the Institute for Global Law, Justice, & Policy. She is also Visiting Professor, London School of Economics. The book is a major contribution to understanding the transformed baselines of international law, an integrated account of how international law has reoriented to humanity. The book describes the central transformations of the post-Cold War...

...Act, etc. They also found that the number of responses to a fictitious issue was affected by the presence of a "don’t know" response category. Providing a "don't know" choice significantly reduced the number of meaningless responses." Friedman, H.H. & Amoo, T. (Winter, 1999) Rating the Rating Scales, Journal of Marketing Management, Vol. 9:3, 114-123. Retrieved from http://academic.brooklyn.cuny.edu/economic/friedman/rateratingscales.htm Akiva In other words, Dill's methodological approach forced an appearance of certainty on her results that simply may not exist in the real world. Indeed, it would be far more meaningful to...

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...