Search: Affective Justice: Book Symposium: A Response

This post is part of the Harvard International Law Journal Volume 54(1) symposium. Other posts in this series can be found in the related posts below. This symposium features a series of four responses to articles published in the Harvard International Law Journal’s volume 54(1). Over the next few days we will be presenting the responses, as well as commentary from the authors of the original journal pieces. Christopher N.J. Roberts, of the University of Minnesota Law School, will be responding to “Getting to Rights: Treaty Ratification, Constitutional Convergence, and...

...criminal justice field more broadly. The posts engage with various themes including:  the discriminatory nature of the sanctions and what this means for ‘less-powerful’ states and their nationals; the USA’s relationship with the ICC; the potential effect on the ICC’s investigations in Afghanistan and Palestine; and the international criminal justice narratives and metaphors brought to the fore by EO 13928 and the resultant sanctions. We thank the contributors who, despite a global pandemic, have lent their time and knowledge to this symposium. We also thank OpinioJuris for hosting this symposium....

...symposium reflects on the ECCC’s trials, tribulations, and legacy. In this post, Sarah Williams compares the narrative that emerged from the ECCC with that of the 1979 Khmer Rouge tribunal, in relation to genocide and other crimes (for more on the ECCC’s adjudication of genocide, see Rachel Killean’s post in this symposium). [ Dr Sarah Williams is a Professor at the University of New South Wales, in the School of Global & Public Law.] The ECCC differs from other international criminal tribunals in that it is focused on events that...

Many thanks to Eric Posner and Adrian Vermeule for agreeing to participate in this online symposium about their book “Terror in the Balance.” As Julian put it, “their analysis is helpful for advancing the debate over balancing national security and individual rights” and may well “inspire critics to shift their efforts from complaining about the current administration and executive power and toward a thoughtful defense of the alternative.” Thanks are also in order to our guest contributors Louis Fisher and Bobby Chesney, as well as our own permanent contributors Kevin...

[Leila Nadya Sadat is the James Carr Professor of International Criminal Law and the Director of the Whitney R. Harris World Law Institute at the Washington University School of Law. sadat@wustl.edu. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] The book that is the centerpiece of this micro-symposium, The...

We are pleased to host the American Journal of International Law on-line symposium on the lead articles of the new issue of the AJIL, which were written by Leila Sadat (Washington University) and Eyal Benvenisti (Tel Aviv University). Today and tomorrow there will be a discussion of Leila Sadat‘s article, Crimes Against Humanity in the Modern Age. The précis of her piece explains that: This article analyzes the centrality of crimes against humanity prosecutions to the International Criminal Court’s fulfillment of its mandate to prevent and punish atrocities committed in...

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. 49:1, available here. On Tuesday, James Hathaway, Dean of the Melbourne Law School, will discuss his article, The Human Rights Quagmire of “Human Trafficking”. Dean Hathaway’s article takes a critical look at the international community’s recent efforts to fight human trafficking through the Trafficking Protocol. Hathaway argues that the international fight against human trafficking is more fundamentally in tension with...

[Priya Pillai is an international lawyer, heads the Asia Justice Coalition secretariat and is a contributing editor at Opinio Juris.] She participated in the MLAT negotiations in Ljubljana, Slovenia on behalf of the Asia Justice Coalition. All views are personal. The negotiations over two weeks in Ljubljana, Slovenia in May this year for the Mutual Legal Assistance Treaty (MLAT) were eye-opening in many ways. While the dust has barely settled, this is an opportunity to assess what we have learned from this convention – the process as well as the...

...would avoid framing these scenarios as raising extraterritoriality concerns, and instead adopt terminology that draws attention to the relationships at issue, such as ‘transnational’ regulation. After all, transnational or multinational corporate enterprises are not typically described as extraterritorial corporations. As explored by Caroline Omari Lichuma in this symposium, the relational approach extends well to human rights and environmental due diligence legislative initiatives. Moreover, it could inform the reach of corporate due diligence understood as a direct obligation under international law, as advocated in this symposium by Gamze Erdem Türkelli. Questions...

[Martins Paparinskis, DPhil (Oxon), is a Lecturer in Law at the University College London.] This post is part of the HILJ Online Symposium: Volumes 54(2) & 55(1). Other posts in this series can be found in the related posts below. I am grateful to the UCL LLM class of International Law of Foreign Investment for clarifying my thinking on some of these matters. A natural reaction to such an elegant and erudite article is to offer unqualified praise to its author. While not easily, this reaction should be resisted, as...

[Anthea Roberts is an Associate Professor at the London School of Economics and Political Science and a Professor of Law at Columbia Law School.] This post is part of the HILJ Online Symposium: Volumes 54(2) & 55(1). Other posts in this series can be found in the related posts below. I want to thank Opinio Juris for hosting this symposium and Martins Paparinskis for taking the time to comment on this article. I highly respect Paparinskis’ work in the field, so I am grateful for his substantive engagement. I have...

[Monica Hakimi is the Associate Dean for Academic Programming and a Professor of Law at the University of Michigan Law School.] This post is part of the HILJ Online Symposium: Volumes 54(2) & 55(1). Other posts in this series can be found in the related posts below. Thanks to Opinio Juris for hosting this symposium and to Tim for his very thoughtful comments. My article examines conduct that I call “unfriendly unilateralism”—where one state decides, outside any structured international process, to act unfriendly toward another. The economic measures that the...