Search: Affective Justice: Book Symposium: A Response
22 Oct Book Symposium The Electronic Silk Road: Connecting dots in a world of bits
...and their repressing practices. From a bird’s eye view and thinking about the overall contribution of the book, it does make an absolutely important argument about the changing nature of trade in the digital networked environment – a reality that has not been sufficiently recognized even by those who create and manage the rules of global trade, at home and on the international scene. In an intellectually interesting and compelling manner, the book situates contemporary practices of online trade into a broader contextual framework and puts forward possible avenues to...07 Jul Book Discussion with Derek Chollet and James Goldgeier
The Council on Foreign Relations and Opinio Juris are pleased to announce a book discussion with Derek Chollet and James Goldgeier on their recent book, America Between the Wars: From 11/9 to 9/11. Here is a brief description of the book: America Between the Wars shows that America did not change in one day. The tragedy of 9/11 and its aftermath had its origins twelve years earlier, when the world really did shift in ways that were incomprehensible at the time. Strangely, the date mirrors a much happier moment: it...25 Jun Linos Book Symposium: Comments by Eric Posner
[Eric Posner is Kirkland & Ellis Professor of Law and Aaron Director Research Scholar at the University of Chicago] I’m going to focus on a narrow issue, one that Katerina takes up in the last chapter of her impressive book, and that is the relationship between policy diffusion (the topic of her book) and international law (which is something of an afterthought), and specifically the debate as to why states comply with international law. I can see a few possibilities. First, there is no relationship between the argument in her...
05 Sep Iran’s Threat of Retaliation
...sparking concerns in Israel about the possibility of an imminent attack. This situation further coincided with the killing of Fuad Shukr, a senior Hezbollah commander (also supported by Iran), in an Israeli airstrike on a suburb of Beirut, the Lebanese capital. Time has since passed without any major response to those initial threats by the international community leaving Israel and the broader Middle East in a state of on-going hostility and tension. While the nature and severity of Iran’s overall response remains unclear, Iran has issued a prime facie threat...13 Mar A Response to Goodman About the (Supposed) Duty to Capture
...kill. Goodman has now responded with a long post of his own in which he claims that my post is “riddled with errors.” I don’t have time to recapitulate the entire debate; interested readers should head to Lawfare. (Bobby Chesney’s introduction to Goodman’s most recent response contains links to all of the contributions.) I also don’t have time to respond to all of my supposed errors. Instead, in this post, I simply want to address three of Goodman’s most problematic claims, all of which are based on selective quotation of...
04 Jan A Response to Mariniello About the Palestine Investigation
all of its investigations and cases. Conclusion There are other problematic claims in Mariniello’s post — that Khan has focused on crimes allegedly committed by non-state actors (such as Hamas and Israeli settlers) more than on crimes allegedly committed by Israel; that Khan has suggested the evidence against Hamas is stronger than against Israel; that Khan has predetermined that Israel’s justice system is adequate to address alleged Israeli crimes. But this response is long enough, so I will simply refer readers to my earlier post responding to the Open Letter,...
20 Sep The 2024 Amendments to the International Health Regulations: A Commentary (Part II: Selected Substantive Amendments)
...that the 2005 definition of a PHEIC in Article 1(1) IHR as an ‘extraordinary event’ in one state which is determined to ‘(i) constitute a public health risk to other States through the international spread of disease’ and ‘(ii) to potentially require a coordinated international response’ has long been plagued by vagueness – are exacerbated by the amendments. No clear ‘severe’ or ‘life-threatening’ disease benchmarks have been included through the amendments in Article 1 IHR or the decision instrument in Annex 2 to be applied in accordance with the principles...26 Jul International Law in the U.S. Supreme Court: A Response to Professor Golove’s Essay
“response essay” to David Golove’s fascinating essay on “The Supreme Court, the War on Terror, and the American Just War Constitutional Tradition.” Like Mike Ramsey (Response Essay in Part V.E.) I find much to admire but also some things to question and debate in Professor Golove’s thought-provoking contribution to this volume. Professor Golove argues that the war-on-terror decisions in Hamdi, Rasul, Hamdan and Boumediene were striking departures from more recent precedent and principles, but were fundamentally consistent with three deeper themes from earlier periods of American constitutional history, what Professor...13 Jul An e-SOS for Cyberspace by Duncan B. Hollis
[This post is part of the Second Harvard International Law Journal/Opinio Juris Symposium.] In 2007, I authored two papers — one for a military audience and another for a legal one — arguing that debates over the law’s response to the growing range of cyberthreats would likely track ongoing debates over law’s response to terrorism. In that context, we’ve seen 4 options emerge: First, those who say terrorism is a crime, and only a crime, with any legal response limited to law enforcement mechanisms. Second, those who insist terrorism is...08 Jun Human Rights and Human Trafficking: Quagmire or Firm Ground? A Response to James Hathaway
[Dr. Anne T. Gallagher is the Head of Operations at Equity International, Technical Director of Asia Regional Trafficking in Persons Project, and the former UN Adviser on Trafficking] My response to James Hathaway, written with the benefit of close involvement in the development of the new legal framework, as well as in its implementation at the national level in over forty countries, provides an alternative and a sharply differing perspective on the global battle to combat trafficking. In considering each of Hathaway’s major concerns in turn, and discrediting the assumptions...