Search: Affective Justice: Book Symposium: A Response
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...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...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...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 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...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...
21 Aug Symposium on Informers Up Close: On Stories and Lives Lived – The Method and Ethics of Granularity
[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...19 Jan International Law in the Asian Century: Conclusion to Opinio Juris and EJIL:Talk! Mini-Symposium
...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...
16 Feb Symposium on International Investment Law & Contemporary Crises: What Empirical Trends Suggest about the Future of the Field
...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...19 Jun CfP: OJ Symposium on Virtual Learning and Critical Pedagogy
I want to call readers’ attention to an upcoming Opinio Juris symposium that is being organized by two fantastic young critical international law scholars, Mohsen al Attar (Warwick) and Rohini Sen (O.P. Jindal). They are looking for a few more contributions, per the Call for Papers — really a Call for Posts — below. Note that they would like to hear from interested scholars by June 26. The Mode of Delivery is the Message Critical International Legal Pedagogy in a Virtual Learning Climate Critical approaches to international legal pedagogy germinated...