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Search: Affective Justice: Book Symposium: A Response

29 Jun

The Supreme Court today issued its decision in Hamdan v. Rumsfeld and ruled that the military commissions were invalid. The decision is available here. Justice Stevens wrote the 5-3 opinion and was joined by Justices Breyer, Ginsburg, Souter, and in part Justice Kennedy. Justices Kennedy and Breyer wrote separate opinions. Justices Alito, Thomas, and Scalia dissented and wrote separate dissenting opinions. Chief Justice Roberts took no part in the consideration or decision of the case. Here is a key excerpt of the case holding that the Geneva Conventions apply to...
29.06.06 | |

19 Jul

rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments. Click here to download an order form for the book, which will be available from Cambridge University Press starting in August. This book is going to be a big contribution from...
19.07.06 | |

02 Feb

book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity. The book is available both in hardback and paperback. I had the pleasure of reading a couple of chapters while Mark was writing the book, and they were superb. I predict the book — which will no doubt be controversial — will have a profound impact on the way courts, scholars, and activists think about child soldiers. Read Drumbl!...
02.02.12 | |

11 Oct

Thanks to Kevin Heller for his thoughts on the professors’ amicus brief in Doe v. Nestle USA, Inc., and to Opinio Juris for affording me this opportunity to respond. I should say at the outset that I’m making this response only in my personal capacity, not on behalf of any litigant or amicus. While I appreciate the passion Kevin brings to his analysis, I think he lets it carry him a bit beyond the context in which these arguments are being made. To begin, it’s important to appreciate (as I’m...
11.10.11 | |

03 Jun

...completed before my faculty’s $100 a day late fine kicks in … sorry to punt, but I’m not quite sure I want to weigh in with a quick blog post as yet on the topic (okay, this gets a little longer than planned, but it’s not really a response to the report). I will say, though, that Philip’s careful discussion, set against the way in which the State Department frames the issues, is a demonstration once again of the ways in which public international law seems to be increasingly discourses...
03.06.10 | |

01 Aug

...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...
01.08.14 | |

12 Jun

...the defense is unavailable in cases involving the killing of civilians. The common law rule has also been adopted at the ICTY (Erdemovic). So the viability of this third strategy (necessity) requires adopting the civil law approach to necessity (no carve-out for murder and loss-of-life cases). John C. Dehn Jens, was the reference to Dudley & Stephens coupled with the use "no carve-out" intentional? James G. Stewart I wanted to add something brief in response to Dov Jacobs’ and Jens Ohlin’s thoughtful comments. In response to Dov, I agree that...
12.06.13 | |

28 Jul

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....
28.07.06 | |

29 Apr

...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....
29.04.06 | |

10 May

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...
10.05.10 | |

01 Nov

not be able to read along or participate. Thus, after talking it over with a few of my co-bloggers, we’re postponing the symposium for 1 week. So, instead of tomorrow, we’ll start next Thursday (Nov. 8) and run the symposium thru the following Monday (Nov. 12). So tune in next Thursday when we’ll begin a conversation on various questions of treaty law and practice, including (a) reservations; (b) dynamic and evolutionary treaty interpretation; (c) the new functions treaties perform; and (d) the role of new actors in the treaty-making process....
01.11.12 | |

05 Sep

The summer is coming to a close and so is our fourth annual Emerging Voices Symposium. We have featured fantastic posts from emerging scholars, practitioners and students over the course of the summer and a roundup follows of what it is that they have covered. Alexandra Hofer started our 2016 edition off with her post on assessing the role of the European Union as an enforcer of international law in the Ukranian crisis, concluding that both the EU and Russia ought to change their practices in order to escape the...
05.09.16 | |