Search: Affective Justice: Book Symposium: A Response

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...

[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...

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...

...institutions whose doors are open to individuals truly from around the world would challenge and expand the limits of this college. However, neither Schachter nor Crawford offered a comprehensive account of the inner logic of this supposed college. Perhaps out of a sense of noblesse oblige or class solidarity, neither of them pondered over the essentially bourgeois character of the so-called college and its exclusionary tendencies. In this short contribution, in reaction to and inspired by reading and editing the pieces in this symposium, I will endeavor to discuss some...

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...

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...

Thank you for the opportunity to comment on International Law in the U.S. Supreme Court, edited by Bill Dodge, Mike Ramsey and David Sloss. Mike has already described the book’s purpose and organizational structure in a post from this morning. My post focuses on some of the book’s overall strengths and perhaps weaknesses. Edited volumes are hard to do well, and are often little more than a hit or miss set of loosely connected essays. This book, by contrast, is extremely well-edited and the individual contributions are very carefully linked...

...and the lecture will try to perform it. [Taylor] Could you tell us how your recent research relates to this social question that you are trying to bring to the fore? I am thinking of your forthcoming book on international law and the politics of history, for example. This is going to make me seem like somebody who has a little bit lost the plot, but I promise it is true: I have three books on the way. That particular book, International Law and the Politics of History, was initially...

I’m delighted to have been asked to participate in this discussion of Ruti Teitel’s Humanity’s Law. Let me start by simply saying what a great read this book is. Congratulations to Ruti on a book that really does shift our thinking about the base lines of international law, challenge conventional notions of a state-centric international legal system, and help make sense of the changes across a range of sub-fields in international law that all do more to privilege the individual. Ruti’s central claim is that there has been a move...

that after the Nuremberg trial, the crime of genocide eclipsed crimes against humanity in terms of importance and stature in international justice. He provides insight from his own practice and scholarship into the way the law works in reality. The law and judicial responses to conflict may reinforce social cleavages between groups, which reveals one of the greatest paradoxes both in East West Street and in modern international criminal law. The crime of genocide exists to penalise those who inflict great harm on people because of their inherent characteristics that...

This week Opinio Juris is hosting a discussion on Laura Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Professor Dickinson is the Oswald Symister Colclough Research Professor of Law at the George Washington University Law School in Washington DC. Her book addresses issues related to the increasing privatization of foreign policy functions of government. Here is the abstract: Over the past decade, states and international organizations have shifted a surprising range of foreign policy functions to private contractors. But who is accountable...