Search: Affective Justice: Book Symposium: A Response

...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...

[Elena Baylis is Associate Professor of Law at the University of Pittsburgh] In my role as commentator for the in-person symposium that preceded this online symposium, I took on the task of identifying common themes among the symposium papers. This essay focuses on a few of the ideas drawn from the papers as a whole. Treating international law as behavior engenders several kinds of complexity centered on a set of classic epistemological questions: what do we know and how do we know it? By using theoretical and methodological approaches drawn...

...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...

[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...

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...

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)...

...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...

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...

...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...

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...

Don’t worry, I will not be linking to any and all reviews of my book. (Only the good ones.) I mention this review — a review essay written by the distinguished scholar David Fraser at Nottingham (sub. req.) — because it uses my book as a springboard to discuss a number of important historiographic issues concerning World War II scholarship that readers may find interesting. Here is the abstract: This review article discusses the emergence of the subsequent proceedings before the US Military Tribunals from the shadows of the trial...