Search: Affective Justice: Book Symposium: A Response
01 Aug Guest Post: The Use of Human Shields and International Criminal Law
...not that simple. The question of proportionality changes (at least) under customary international law, and this is reflected in the Parks article cited (see also pages 109-110 here: http://books.google.co.il/books?id=YVkqfJ0UYoUC&lpg=PP1&pg=PP1#v=onepage&q&f=false; see also Kelsen at page 78: http://books.google.co.il/books?id=BemxZuVYY6oC&printsec=frontcover#v=onepage&q&f=false). In order to prove that custom has evolved to be in line with Article 58(1) to API (which appears to adopt Guy's stance), one would need to prove – placing an emphasis on actual practice, and not treaties or manuals (to adopt the approach of the ICJ in ¶27 in Libya/Malta and by Prof...29 Apr Should Genocide Be a Bargaining Chip?
...Justice, and Peacebuilding, all phenomena that in principle are compatible with, and perhaps complementary to, the pursuit of criminal justice, and information about which is found in the Transitional Justice Forum link on the left. I'm no expert on such things, but I found these books provide a nice introduction: Elster, Jon. Closing the Books: Transitional Justice in Historical Perspective. (Cambridge, UK: Cambridge University Press, 2004). Hayner, Priscilla B. Unspeakable Truths: Facing the Challenge of Truth Commissions (New York: Routledge, 2002) Rotberg, Robert I. and Dennis Thompson, eds. Truth v....28 Jul Can the Debate over DTA Legislative History Be Resolved?
Charles Gittings What utter nonsense - see my comment on your earlier post. You people are just wrong Julian: the DTA was a fraud from start to finish. You are apologizing for WAR CRIMINALS. Meanwhile, anyone who's sincerely interested in the real issues of Hamdan, should have a look at an article that Justice Stevens wrote back in 1956... A. Dunham and P.B. Kurland (eds.), MR. JUSTICE, University of Chicago Press (1956); chapter MR. JUSTICE RUTLEDGE by John Paul Stevens, pages 177-202....10 May Here Comes Associate Justice Elena Kagan; Sorry, Judge Wood, There is Always the ICJ
Roger Alford Julian, You are correct that there has never been a federal appellate court judge to serve on the ICJ. However, Charles Evan Hughes served as a Supreme Court Justice from 1910 to 1916 and then, after an unsuccessful presidential bid, served on the Permanent Court of International Justice from 1928 to 1930. He resigned from the PCIJ when he was appointed by Hoover to be Chief Justice of the United States. Roger Alford anon Kagan is the first nominee since Harriet Miers in 2005 to have no judicial...
09 Sep Contemporary International Criminal Law After Critique Symposium: Carceral Internationalism in the Situation of Palestine After Critique
international prosecution is sometimes seen as anti-human rights’. At the same time, to participate within the field of ICL today is to operate within a far more self-reflexive and circumspect anti-impunity space where ICL’s failings are readily acknowledged while often still called upon in a reconstructiveposture. In our recent symposium in the Journal of International Criminal Justice, we suggest that the field of ICL has not only moved beyond its inception phase, but is also beginning to emerge from its critical phase towards a ‘post-critical’ phase. By ‘post-critical’, we do...08 Jul Second Harvard International Law Journal/Opinio Juris Symposium
A few months back, Opinio Juris was pleased to host an inaugural joint symposium with the Harvard International Law Journal. Next week, we’re very pleased to be able to regularize this partnership with a second symposium (I’m particularly pleased with this development for reasons that should become apparent below). The symposium will run from Tuesday, July 12, to Friday, July 15, and features the following line-up: On Tuesday, John H. Knox will respond to Jacob Katz Cogan‘s article, The Regulatory Turn in International Law. On Wednesday, Eric Jensen and Jonathan...19 Feb Introducing the Symposium on Harold Hongju Koh’s Washburn Lecture and Article: “The Trump Administration and International Law”
[Craig Martin is a Professor of Law at Washburn University School of Law, and is the Co-Director of the International and Comparative Law Center of Washburn Law.] Over the next few days Opinio Juris will be conducting a virtual symposium to discuss Professor Harold Hongju Koh’s article The Trump Administration and International Law. The article was published in a special Symposium Issue of the Washburn Law Journal, which also includes articles by David Sloss, Peggy McGuiness, and Clare Frances Moran, responding to or picking up on the themes of Harold’s...08 Nov The Oxford Guide to Treaties: An Opinio Juris Symposium
with examples of how modern treaties are drafted. Thus, the last section of the book includes 350 treaty excerpts on 23 treaty topics ranging from how to deal with multiple language treaty texts to the use of simplified amendment procedures (for those looking for a longer introduction to the project, see here). Since the book is consciously treatise-like in its coverage, this symposium has opted for a slightly different format than the norm. In lieu of comments on the book’s thesis, over the next few days we will use The...
30 Jan Symposium in Remembrance of Judge Antônio Augusto Cançado Trindade: The Legacy of Antônio Augusto Cançado Trindade by Leonardo Nemer Caldeira Brant
To close this symposium on the life and work of Judge Cançado Trindade, the editors of Afronomicslaw, Opinio Juris and Agenda Estado de Derecho had the opportunity to interview the recently appointed and also Latin American Judge Leonardo Nemer Caldeira Brant in December 2022. The conversation focuses on the impact of Cançado Trindade’s scholarship, case law, individual opinions, and his legacy for international law. Also, the challenges he is facing as judge of the International Court of Justice (ICJ). Portrait of Judge Leonardo Nemer Caldeira Brant from Brazil Photographie: Photo...
26 Apr Vedanta v Lungowe Symposium Wrap Up
along with the perceived creation of (yet) another evidentiary burden for complainants to demonstrate they risk to be denied substantial justice in the alternative forum. Claire Bright regards this as a contradictory approach by the Court, also drawing –together with Lucas Roorda – parallels with forum necessitatis requirements. However, practice will tell how much of a hurdle the “forum conveniens” and substantial justice analysis represents for claimants and the general cause of access to justice. In my view, the substantial justice analysis used by the UKSC as determinant for the...