Search: Affective Justice: Book Symposium: A Response
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...
09 Aug Solidarity “A La Carte”: The EU’s Response to Boat Migration
...a ‘crisis’ response by the EU and its Member States. Several commentators, including the present authors, framed the situation as a crisis of solidarity, triggered by particular policies (see e.g. here, here, and here). The Emergency Relocation Mechanism, the EU–Turkey Statement, the reintroduction of internal border controls and the intensification of external border controls, combined with restrictive individual state policies (see e.g. Sweden, Austria), have resulted in downgrading protection and in shifting responsibilities to particular countries in and outside Europe. The crisis was one of solidarity on (at least) three...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...
15 May Trump’s Coronavirus Response: Genocide By Default?
Last week, The Huffington Post published an article with the provocative title, Epidemiologist Slams U.S. Coronavirus Response: ‘Close To Genocide By Default’. The epidemiologist in question was Prof. Dr. Gregg Gonsalves, PhD (Public Health, Yale University), who, according to his online curriculum vitae, is an Assistant Professor in Epidemiology of Microbial Diseases at the Yale School of Public Health, as well as an Associate (Adjunct) Professor of Law and Research Scholar in Law at Yale Law School, co-director of the Yale Law School/Yale School of Public Health Global Health Justice Partnership, and the Yale...07 May Something is Not Always Better Than Nothing: Against a Narrow Threshold Justification for Humanitarian Intervention
...intervention – devoid of Security Council authorization – is legally invalid. However, as a recent post in Just Security demonstrates, though many states share this view, an increasing group now employ justificatory rhetoric in defense of the recent attacks. This rhetoric signals a potential shift. Following the NATO-led intervention in Kosovo, states and scholars vindicated the military response through universal appeals to human rights and justice. This language often remained non-specific. More recently, however, the language assumes precision. It abandons general assessments of an atrocity’s gravity and favors identification of...21 Nov LJIL Symposium: A Response to Professor Brad R. Roth on (Empty?) Promises of Self-Determination
politically appropriate international legal response to secessionist demands, can still be challenged on two accounts: conceptual and prescriptive. On the one hand, I wish to take issue with the claim that it is impossible to discern—even if it may undesirable to prescribe—any normative ideals concealed in the idea of self-determination. In his response, Roth claims for instance that “any external effort to resolve the issue through ‘the democratic ideal of the consent of the governed’ would, ironically, have had to impose solutions to the issue’s central elements – including, …...
11 Apr ICC Prosecutor Symposium: Against Modesty at the ICC
would be sacrificed. A modest Prosecutor would be one who is supplicant to state power. Some accept this, arguing that the ICC may have to “own” being a court for the prosecution of rebel warlords. It is what the Court can get done, the thinking goes, so, though the lesson may be “unpalatable,” it is what it should do. Partial and political criminal justice that aligns with the objectives of interested states is, on this view, “better than no justice at all.” Deteriorating Legitimacy The problem is that, in the...08 May OPCD Moves to Disqualify Moreno-Ocampo
...to endorse the narrative that firstly, the rebellion was a ‘fight for justice’, and secondly, that the present Libyan government is an extension of this rebellion, and ‘fight for justice’. 44.Subsequently, the Prosecutor observed that “it was critical for Libyans who fought against the injustices of the Gaddafi regime to now show they could “respect justice for a person like Saif.” Again, the Prosecutor appears to identify the current Libyan government and judiciary with the rebels, and to endorse their cause by describing it as a fight against “the injustices...