Search: Affective Justice: Book Symposium: A Response

...post is the first in a series of blogs ] That the effectiveness of international humanitarian law (IHL) and international human rights law (IHRL) faces challenges from different quarters is not news. It is, rather, an observation that has been made by scholars and practitioners alike – to the point of tritness. Whilst we deeply acknowledge the importance of discussing the manifold challenges to humanitarian norms in times of armed conflict – not least because tailored strategies must be designed to address them – this Symposium also serves another purpose:...

de Derecho, one of Latin America’s leading online portals.   The Symposium kicks off today, with a post from Professor Hélène Trigroudja, published in French, at Afronomicslaw, highlighting the contributions of Judge Cançado Trindade, both in the bench and as an academic, to transform procedural and substantive norms as tools, not barriers, for victims to access justice. On Tuesday, Opinio Juris will post an essay by Venezuelan scholar and Lecturer at Mexico’s Universidad Iberoamericana and Universidad Panamericana, Moisés Montiel Mogollón; a longstanding critic of Judge Trindade’s anti-formalist views, who describes his...

...hospitals, health centres, water points and systems as well as infrastructure vital to people’s livelihoods; in Myanmar, according to the Independent International Fact-Finding Mission on Myanmar (para. 175), and the International Court of Justice (ICJ) (here, para. 71; and here, paras. 104, 131) starvation has been used as part of the genocidal campaign against the Rohingya; and most recently in Tigray in Ethiopia humanitarian access violations are coupled with pillage, destruction of objects indispensable to survival and a communications blackout (as explored by Alex de Waal in this Symposium and...

be referred to the International Court of Justice (p. 13), “non-adjudicatory dispute resolution is (and should be) the far more dominant approach”?” I am not sure if this is another disagreement about wording, or the surface of a more substantive difference. When I say these disputes should “generally” be referred by the parties to the International Court of Justice, I am not concerned with the desirability of a “dominant” approach but the “authoritative” approach. This statement arises as a corollary to the Council may interpret the meaning of “dispute” under...

Along with Julian, I had the good fortune to participate in a symposium last week at Fordham Law School on “International Law and The Constitution: Terms of Engagement.” Details about the symposium are available here. The Fordham Law Review will devote a symposium issue to the conference in the near future. Here are a few quotes from the symposium: The strongest response that can be made to those who challenge violations of the laws of war by the Bush Administration is that these same voices were silent when the laws...

[Megumi Ochi is associate professor at the Graduate School of International Relations, Ritsumeikan University, Kyoto. The Premises of International Criminal Procedure: Identifying the Principles in International Collaboration (Springer, 2024) is the English translation of her second monograph.] I am honoured to be invited to this book symposium on this outstanding monograph written by my friend, Gaiane, on a topic that has interested me since my graduate school years. While I am not yet ready to publish the English translation of my first Japanese monograph on ne bis in idem in...

over the direction of legal scholarship. As such, we should commend those courageous enough to venture into unfamiliar waters. Moreover, Buser’s intervention is both theoretically and methodologically valuable for TWAIL. In his book, he applies the theory to IR and to IL in novel ways. In Buser’s response to my comment—forthcoming at the end of this symposium on his book—I hope to hear some reflections on his use of TWAIL and how it helped advance his own scholarship. Where Buser falls short is at the same location that many critical...

[ Gregory Gordon is Associate Professor of Law, Associate Dean for Development and External Affairs and Director of the Research Postgraduates Programme at The Chinese University of Hong Kong Faculty of Law. He was formerly a prosecutor with the International Criminal Tribunal for Rwanda and the U.S. Department of Justice, Office of Special Investigations.] I am grateful to Opinio Juris, especially organizers Chris Borgen and Jessica Dorsey, for providing this amazing platform to have a discussion about my new book Atrocity Speech Law: Foundation, Fragmentation, Fruition. And I would like...

Journal of International Law, the Yale Journal of International Law and the Harvard Journal of International Law, as well as by judges and counsel in the U.S. Supreme Court and federal appeals and district courts. You can see the rest of Professor Cheng’s impressive record here. Professor Cheng’s book is an ambitious contribution to the field of international legal theory, and, unlike many contributions to this field, the book is both lucid and insightful. We are thrilled to have a chance to discuss his book over the next few days....

...view that the United States and “Europe” have dictated the terms of the global economy for too long. Set against this context, “Emerging Powers, Global Justice and International Economic Law” is a timely book, based on a doctoral dissertation which Andreas Buser defended at the Department of Law of Freie Universität Berlin and which he wrote under the supervision of Professor Heike Krieger and in the context of the Berlin-Potsdam Research Group on “The International Rule of Law – Rise or Decline?” Andreas Buser examines the potential contribution of four...

When I was just out of law school and desperately seeking advice as to what to write about, I turned to Professor Bradley for ideas. He recommended that I buy Louis Henkin’s treatise Foreign Affairs and the United States Constitution (a book I had somehow never heard of during my three years of law school). Amazon.com informs me that I followed Professor Bradley’s advice and bought the book on October 8, 1999. Thus, thanks to Professor Henkin (and Professor Bradley!), much of my early academic work was inspired by what...

of the prosecution in international criminal trials. As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice. My chapter is the one mentioned above on completion issues; other contributors include Marieke Werde and Anthony Triolo (Resources); Luc Cote (Independence and Impartiality); Fred Megret (Accountability and Ethics); Kai Ambos and Stefanie Bock (Procedural Regimes); and David Re (Appeal). Anyone interested in international criminal tribunals should find the book extremely useful....