Search: Affective Justice: Book Symposium: A Response

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...

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...

...defer to States’ motives, proportionality, fairness, and legitimacy in exercising regulatory authority and have found for the Respondent State.  The relative—though far from perfect, as will be explored in some of the symposium contributions—efficacy of the current investment law regime will therefore likely have a prominent role in how States and the international community navigate the future financial crises and their ramifications.  The Contributions In this symposium with Opinio Juris, the convenors aim to generate a dialogue among leading investment arbitration scholars and practitioners reflecting on the Report’s findings and...

...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...

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...

The Virginia Journal of International Law is pleased to continue its partnership with Opinio Juris in this third online symposium. This week’s symposium will feature three articles recently published in Vol. 48-3 of VJIL, available here . Our discussion on Tuesday will focus on the mysterious history of Alexander Nahum Sack, the Russian-born legal scholar whose once obscure theory of “odious debts” has found new life among contemporary proponents of debt forgiveness. In their article, A Convenient Untruth: Fact and Fantasy in the Doctrine of Odious Debts, Sarah Ludington (Duke)...