Search: Affective Justice: Book Symposium: A Response

...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...

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...

...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....

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....

Tomorrow (Friday, October 23rd), the S.J. Quinney College of Law of the University of Utah will host a symposium entitled Freedom from Religion: Rights and National Security. You can watch the symposium online via a link on this page. Here’s the brief description: Based on Professor Amos N. Guiora’s new book, Freedom from Religion: Rights and National Security (Oxford University Press, 2009), this Symposium will explore the limits of tolerance of religious extremism in five countries and its impact on the current terrorism threat our world faces. By drawing on...

[Diane Marie Amann is Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law.] Opinio Juris and Justice in Conflict deserve much credit for the rich discussion they have generated in anticipation of December’s election of the third Prosecutor of the International Criminal Court. The contributions to this joint symposium have touched upon a variety of issues. Several concerned the relationship of the Prosecutor to other powerful entities, including states parties like Kenya and...

...a recognized jurisdictional basis.’  Regardless of whichever side of this debate one falls on, there is a clear need to nuance contemporary understandings of extraterritorial obligations, or even depart from the idea of extraterritoriality in this context (as argued by some of the contributors to this symposium), in order to more robustly regulate private actors such as TNCs. For instance, Sara Seck poignantly illuminates the inadequacy of conceptualizing human rights obligations across borders in relation to environmental harms as extraterritorial and calls for a relational approach to understand transnational corporate...

[Ingo Venzke is Professor for International Law and Social Justice at the University of Amsterdam and Director of the Amsterdam Center for International Law (ACIL).] Our edited volume has asked a question that is deceptive in its simplicity: Could international law have been otherwise? One could expect the answer to be a resounding ‘yes’, given that no serious account is nowadays left that would consider legal developments to be somehow necessary. Of course, it is not so easy. The more one looks for contingency, the more it slips away, Michele...

Recent weeks have witnessed the rapid global spread of a novel coronavirus known as COVID-19. At the time of posting (23 March 2020) the World Health Organisation has reported 294,110 confirmed cases and 12,944 deaths across 187 countries, areas or territories. In response to the pandemic, Opinio Juris will host a symposium on COVID-19 and international law, kicking off next week on Monday, 30 March 2020. Convened by Barrie Sander (Fellow at Fundação Getúlio Vargas) and Jason Rudall (Assistant Professor at Leiden University), the symposium will bring together approximately 20 scholars to...

[Dr Sarah Zarmsky is a Lecturer at Queen’s University Belfast School of Law and Deputy Managing Editor of Opinio Juris Dr Alonso Gurmendi is a Fellow in Human Rights and Politics at the London School of Economics & Political Science and a contributing editor at Opinio Juris] It’s that time of year again–we are pleased to introduce the fifth annual symposium on pop culture and international law here at Opinio Juris!  This year, we are bringing you twelve amazing contributions from all over the world. The Symposium will run two...

This week, along with Völkerrechtsblog we are thrilled to co-host a symposium on Ingo Venzke and Kevin Jon Heller’s latest edited volume, Contingency in International Law: On the Possibility of Different Legal Histories (OUP 2021). Scholars and practitioners who will be contributing include: Adeel Hussain, Ntina Tzouvala, Doreen Lustig, Vidya Kumar, Kanad Bagchi, Marina Veličković and Hirofumi Oguri. The symposium will close with a rejoinder by the editors. From the publisher: This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly...

The contributions in the symposium this past week have brought up multiple issues and perspectives, pointing to challenges in the quest for justice and accountability for the Rohingya, and the role of international law. Rather than go over what has been highlighted already, here are a few reflections, linked to the international legal developments and the wider context. There is little doubt as to the need for justice and accountability for the atrocities committed against the Rohingya, and that there have been important international legal developments in the past year....