Search: Affective Justice: Book Symposium: A Response
21 Jan Symposium: Comment on “Internationalized Armed Conflicts in International Law”
“Internationalized Armed Conflicts in International Law” by Kubo Mačák presents a detailed and insightful analysis of the tipping point at which non-international armed conflict (NIAC) may be ‘internationalized’ and considered to be an international armed conflict (IAC), with the focus in particular in relation to the status of combatants and the law of occupation. Far from esoteric, the topic is timely, relevant and has a real impact on the rights and obligations in the conduct of warfare. A few observations as I perused the book – some general in nature,...02 Sep Confronting Terrorism and Neo-Conservatism: Initial Provocations
thinking. Having read with fascination the previous Opinio Juris book discussions, I have to anticipate that by the end of this week my interlocutors will have squeezed out of me every lingering ounce of intellectual complacency. Chris suggested that I open the exchange by sketching in a few broad strokes what I thought I was doing in this book. My purpose, however well or poorly realized, was to look through a Liberal optic at the most important and neuralgic issues implicated in the struggle against mass-casualty terrorism linked to individuals...11 Oct All Yoo All the Time (The Book)
Sorry to contribute to this phenomenon, but John Yoo’s new book War By Other Means: An Insider’s Account of the War on Terror is now out from Atlantic Monthly Press (not affiliated with the Atlantic Monthly, I was surprised to discover, though it’s something of an explanation), and shouldn’t go ignored. As signaled by the subtitle, this is not a book directed at an academic audience, and I’m not going to do the equivalent of a review here (I’ve collected some highlights after the jump). A couple of brief observations:...15 Nov International Legality – A Response to Hathaway & Shapiro
...old chestnut in legal theory, and in making some interesting methodological claims about the best way to conduct a jurisprudential argument about the concept of law. With respect to the philosophy of international law, on the other, the authors broach the neglected question of the legality of international law, and rightly deem it an important issue and not one that is trumped by others such as the legitimacy of international law in particular. In this response, I question the authors’ argument with respect, first of all, to their underlying reasoning...
22 Nov Human Rights Must Guide a Pandemic Treaty
...to COVID-19. National health systems have frequently neglected public health systems for disease prevention, and national responses have undermined sexual and reproductive health and rights, disproportionately impacted a range of marginalized populations, and failed to ensure equitable access to COVID-19 vaccines. Echoing criticisms from authorities within the UN human rights system, independent reviews of the WHO response have taken states to task for, amongst other things, their inability or unwillingness to cooperate in adopting human rights-based approaches to preventing and curtailing public health emergencies. These violative public health responses have...08 Apr Response to Ed Whelan Regarding Koh Nomination
...Whelan must really be focused only on the specter of so-called “transnationalist” judges overturning the will of democratically elected leaders. But this concern is also without foundation. After all, when interpreting constitutional provisions, not a single sitting U.S. Supreme Court justice has taken the position that international or foreign law constitutes binding authority. As to concerns about customary international law, there are, as Whelan points out, hundreds of pages of academic debate on the precise nuances of how customary international law and federal common law interact, but the key point...07 Mar Co-Opting Universal Jurisdiction? A Gendered Critique of the Prosecutorial Strategy of the German Federal Public Prosecutor in Response to the Return of Female ISIL Members: Part I
are now increasingly confronted with the return of both female and male German nationals or residents, who had joined ISIL. Efforts to investigate and prosecute former ISIL fighters and members – who are now in Germany – for their involvement in crimes are therefore inevitable. Accordingly, several former male ISIL fighters have been charged and convicted by the German Federal Public Prosecutor (see Human Rights Watch, These are the crimes we are fleeing; TRIAL International, Make way for justice #4; EJIL: Talk!, Justice for Syria? Opportunities and Limitations of Universal...09 Apr Response to Transnational Regulatory Networks and Their Limits
...matter further, and the lack of any serious response by the Financial Stability Forum, the putative network of financial regulatory networks, suggests that there are some things networks cannot do. And the primary role played by the G20 – really, a modern day Concert of Europe – in developing and coordinating what international regulatory response we have seen should give anyone pause about the primacy of law or law-like institutions in a world where political actors will continue to play a critical role. But in the end, the problems of...