Search: Affective Justice: Book Symposium: A Response

...by phone. It is Yom Kippur that day, so I realize with apologies that some of the folks most vital to this topic will be missing, but there will be video posted at Heritage at some point soon after the event. Good news is that the Hoover Institution, which published the book, is co-hosting, and is making complimentary copies of the book available at the event, which I’ll be happy to sign. And finally my thanks to Heritage Foundation senior fellow Brett Schaefer, who will host and moderate the event....

In response to Julian Ku’s post here on the potential legal justifications for the U.S. to use force against Syria in the event Assad turns to chemical weapons, Daniel Bethlehem sent along the following. Daniel Bethlehem practices in London and served as Principal Legal Advisor to the UK Foreign and Commonwealth Office from 2006-2011. Julian Ku suggests that “[a]ssuming no Security Council approval, I think the U.S. would be in technical violation of the UN Charter [were it to intervene in response to an apparent Syrian chemical weapons threat]. Although...

...say they have no other choice, except to take the law into their own hands. It gets tiresome to hear platitudinous remarks to the effect that no nation on Earth can tolerate shelling of its citizens, when no other country on Earth would tolerate what the Zionist regimes have done to the Palestinians interned in the Gaza Strip and the West Bank enclaves, including indiscriminate attacks and shelling on a much wider scale than Israel has ever suffered. Response...I generally agree that Israel’s response is being, at the very least,...

As readers know, a few of us on the blog have been debating whether the law of neutrality has any relevance to the United States’ conflict with al-Qaeda. I’m thus delighted to announce that three essays on that very issue are now available on SSRN as part of a mini-symposium hosted by the Texas International Law Journal. The lead essay is by Karl Chang, a lawyer with the Department of Defense; the two (long) responses are by yours truly and by Rebecca Ingber, who is on leave from the State...

...Gittings, I am so tired of reading your nonsense. You have no clue as to the law or the complexity of legal issues. You embarrass yourself with each posting that you make, but you lack the basic knowledge to recognize how incredilbly ignorant that you are. You take no hints or the lack of response for what they mean. You present no real points worthy of response or debate. There are no Nazis here, no fascists. That you see them only shows your ignorance of the law and history. Anyone...

University of Iowa law professor Mark Osiel – an old friend of mine and someone well known to many of us, particularly for his books and writing on mass atrocities – has a new book out, The End of Reciprocity: Terror, Torture, and the Law of War (Cambridge 2009). I’ve read it at pretty high speed – looking for some specific issues on targeted killing, mostly, but I still read it and the notes all the way through – and I want to highly recommend it to our readers. Incisive...

I harbored the faint hope that he would turn it down. To the contrary, the idea for him was love at first sight. His dissertation was so good that when it was published by Transnational Publishers, Inc., it came to define the field of humanitarian intervention in international law. Early evidence of this was the fact that the establishment folks in and around the American Society of International Law seemed to have taken a vow of silence about Fernando’s book. As late as 1991, a published symposium on Right versus...

...I how huge such subtleties actually are. Needn't be said that it matters when dealing with the most pivotal topic of peace in the world...that wars, death, destruction can result. I still think Mr. Heller, from a professional point of view, owes his readers a response to your comments. No response is not a resolution, and it leaves deeply caring readers dangling. Kevin Jon Heller Dr J, It's nearly 1:00 am in Melbourne, where I'm currently located, so I will post a substantive response to Hostage in the morning. In...

analysis. There are empirical limitations to this approach. Of course, gleaning the “core values” of the actors involved is difficult given that ethnographic observations and interviews with the participants is out of the question. I’m still on the fence about whether textbooks generate an accurate reflection of the state of the field, or is illustrative of its core identity, despite several interesting studies emerging in recent years; Anthea Roberts’s being the most prominent. This is for the simple reason that those writing international law textbooks tend to derive from a...

means that the overlap between self-defence and IHL is greatly reduced compared to the “jus ad bellum approach” under (a). For instance, the use of force by an enemy combatant in an international armed conflict is lawful and therefore the use of force in response would only be governed by IHL; the criminal law concept of self-defence cannot justify the use of force in response. It is however unclear whether the same is true in relation to the use of force by a civilian directly participating in hostilities or a...

The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles recently published by VJIL in Vol. 49:2, available here . On Tuesday, Professor Vlad Perju of the Boston College Law School will discuss his article Reason and Authority in the European Court of Justice . Professor Perju’s article proposes a new vision for the European judiciary by presenting the striking case for politicizing the judicial discourse of the European Court of Justice. Contrary to the prevailing...

The forthcoming issue of the European Journal of International Law will feature an article by Professor Simon Chesterman, the Dean of the National University of Singapore’s Faculty of Law, entitled Asia’s Ambivalence About International Law and Institutions: Past, Present and Futures. This week, Opinio Juris and EJILTalk will hold a joint symposium on the two blogs on Professor Chesterman’s article. The article’s abstract explains: Asian states are the least likely of any regional grouping to be party to most international obligations or to have representation reflecting their number and size...