Search: Affective Justice: Book Symposium: A Response
11 Oct A Response to Kevin Heller on Doe v. Nestle
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...03 Jun Ken’s Not-Yet-Response re Drone Warfare and Targeted Killing and Professor Alston’s Report
...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...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...12 Jun “Specific Direction” is Indefensible: A Response to Heller on Complicity
...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...16 Jan Asia’s Ambivalence About International Law & Institutions: Introduction to Opinio Juris and EJIL:Talk! Mini-Symposium
...sad coda that the symposium also follows soon after the passing of one of the truly great international lawyers from Asia — Christopher Weeramantry, a Sri Lankan scholar who served as Vice President of the International Court of Justice. The full article is available here in draft form, the final version appearing later this month in EJIL. I am enormously grateful to the convenors of this symposium and the distinguished jurists who have agreed to participate. I look forward to their responses, from which I know I will learn much....
27 Oct Fifth Annual Symposium on Pop Culture and International Law: An Introduction
[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...
28 Aug Rohingya Symposium: Concluding Comments – “And Miles to Go…”
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....04 Jun Targeted Killings Symposium: Introduction
...Whack-A-Mole Without a Mallet?” In lieu of a response from Maxwell, who is currently unavailable, John Dehn provides a response to some of the issues raised by Meyer. Finally, the symposium ends with a comment by Andrew Altman on Fernando Tesón’s chapter, “Targeted Killing in War and Peace: A Philosophical Analysis,” followed by a response from Tesón. Thank you to the editors at Opinio Juris for this opportunity. All Opinio Juris readers are welcome to use the comment section to respond to any of the arguments raised in the symposium....
10 May New Technologies Symposium: The Intertwining of Commercial and Military Interests During Conflict and Peacetime in Outer Space
[Dr. Cassandra Steer is a space security and space law consultant, with 14 years academic experience in international law. This post is part of our New Technologies and the Law in War and Peace Symposium .] Whereas some readers might find Boothby’s volume “New Technologies and the Law in War and Peace” a little light on answering specific legal questions in the application of new military technologies, what is most valuable about the collection of essays is that they bring to the forefront issues which many still see as fantastical...09 Oct LJIL Symposium Vol 25-3: Introduction
satisfactory tool at all to apprehend the profoundly collective nature of the acts? The articles therefore raise fundamental issues and we hope the articles, and the comments that have been kindly submitted, will spark the debate they deserve. As usual, as you eagerly wait for the next symposium, we invite you to discover the other articles of the current volume of the Leiden Journal, which includes a symposium on the uses of Foucault in international law and an hommage to the late Antonio Cassese in the form of a fictional...