Search: Affective Justice: Book Symposium: A Response

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...

...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...

work, and, even better, that EJIL Talk! is making drafts of these papers publicly available while the editorial process is on-going. Here’s how Marko describes it: I am happy to announce that the EJIL will be publishing a symposium on the International Law Commission’s Guide to Practice on Reservations to Treaties. The symposium was edited by Linos-Alexandre Sicilianos and myself, and features contributions from Alain Pellet, Michael Wood, Daniel Mueller, and Ineta Ziemele and Lasma Liede. It will most likely be coming out in issue 3 of this year’s volume...

...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...

...esteemed scholars and practitioners were willing to take part in this joint Opinio Juris and EJIL:Talk! symposium and offer their responses to arguments put forward in my article for the current issue of EJIL, giving me and other readers refinements and additions that will enrich the larger conversation of which this symposium is a part. The six commentators raise many issues, which I will address under three broad headings of power, history, and method. Each also brings to their paper a certain optimism or pessimism about what the future may...

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...

[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...

...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...

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)...

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...