Search: Affective Justice: Book Symposium: A Response

[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...

...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...

[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...

humanity of deportation and persecution committed against the Rohingya, an accountability gap remains regarding crimes committed by the military junta and non-state armed groups like the Arakan Army following the 2021 coup. Multiple universal jurisdiction proceedings concerning Myanmar have been initiated globally, as this symposium reveals. This increase of seeking justice and accountability through national proceedings addressing crimes against humanity in Asia signals a positive development. The adoption of a CAH treaty would further establish new pathways for accountability in the region. It would enable victims and survivors to use...

[Adil Ahmad Haque is Professor of Law and Judge Jon O. Newman Scholar at Rutgers Law School. This post is part of our week-long symposium on soldier self-defense and international law .] Suppose that a soldier from State A intentionally kills a civilian in State B. Maybe State A is fighting an international armed conflict against State B. Maybe State A is fighting a non-international armed conflict against an organized armed group in State B, without State B’s consent. (Or maybe the second case is just a subset of 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...

I will speaking tomorrow at the Barnes Symposium held at the University of South Carolina Law School. The symposium as a whole will discuss the legitimacy of western views of human rights and will have participants from all over the world, both in person and via video conference (a list of speakers is found here). I myself will focus on my little piece of this conversation – the use of international human rights treaties to interpret the U.S. Constitution. If we have any (friendly) readers in the USC community, I...

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...

[Kateryna Busol is a Ukrainian lawyer and an Associate Professor at the National University of Kyiv-Mohyla Academy] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and reproductive autonomy. The symposium complements a one-day conference to be held on 11 June 2024,  in which legal practitioners, scholars, activists, and survivors will meet in The Hague and online to share knowledge and strategies for addressing...

no record of those who submitted abstracts, save for the ones I committed to memory. For this mishap, I apologise. Blunders happen, of course, but it’s vexing when we appear cavalier with this topic, especially since we had received several invaluable abstracts. We are thus re-issuing our call for submissions for the symposium on racism and sexism in legal academia with revised dates (and a different submission email!). The team at Opinio Juris remains committed to running a stimulating symposium that helps us collectively reflect upon and tackle the oppressions...

Time for more self promotion… I will be speaking at a symposium being held this Friday, March 24 at my alma mater the Yale Law School on “The Most Dangerous Branch? Mayors, Governors, Presidents and the Rule of Law”. The symposium is about more than foreign affairs, but the foreign affairs component alone is pretty impressive (I’m not just saying this because of the well-known figures who will be participating, but because I’ve also seen the papers already). For a short preview of some of the foreign affairs issues we...

...where the injustices embodied in existing laws, social and economic arrangements and distributive outcomes can be challenged with reference to the equal dignity and rights of all human beings. Fulfilling this function is essential to the legitimacy, relevance and power not just of the UN but of the fragile ideals of multilateralism and human rights themselves. It is not only appropriate, but essential, then, to seek to establish within the framework of the UN human rights system a universal normative platform to facilitate the evaluation and critique of the collective...