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...

...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...

Finally, GR40 provides a unifying framework for collective action on women’s equal participation in decision-making at all levels. As such, it has the potential of becoming a powerful tool to drive stronger political consensus, inspire measures from political leaders at the national and international level, promote institutional changes, and support accountability efforts, including through civil society’s advocacy and litigation.    A Global Symposium to Unite Voices  A fundamental step in unlocking the full potential of GR40 is to promote its widespread dissemination and discussion. With this goal in mind, this symposium...

[ María José Alarcón Santillán is an international lawyer and S.J.D. candidate at GW Law, serves as Counsel in the ICJ Advisory Opinion on Climate Change, is a CISDL Fellow, and Regional Co-leader at the Sabin Center for Climate Change Law. She has advised states on cases before the ICJ, ICSID, ITLOS, and the PCA. Erick Guapizaca is an S.J.D. candidate at the University of Michigan Law School and a lecturer at the Universidad Internacional del Ecuador.] On 23 July 2025, the International Court of Justice (ICJ) delivered its long-awaited...

[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...

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....

...and the Asia Justice Coalition have partnered to bring to you this Symposium, “Current Crisis in Myanmar: Legal Implications”. Previously, in August 2020, both partners hosted the symposium, “The Impact and Implications of International Law: Myanmar and the Rohingya”, in which various aspects of the legal developments related to the Rohingya were canvassed. This year, the intention is to broaden the discussion, to include the current events in Myanmar, given their inescapable impact on questions of justice and accountability, not just for the Rohingya but also the rest of the...

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...

...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....

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...

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...

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....