Search: Affective Justice: Book Symposium: A Response

Over the coming ten days, along with the fantastic Armed Groups and International Law blog, we are happy to co-host a book symposium on Tilman Rodenhäuser’s new book, Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law and International Criminal Law, published by Oxford University Press. In addition to comments from Tilman himself, we have the honor to hear from this list of renowned scholars and practitioners: Marco Sassòli, Katharine Fortin, Laurie Blank, Ezequiel Heffes, Daragh Murray, Melanie O’Brien, Mathias Holvoet, Sareta Ashraph, and Adejoke Babington-Ashaye. From the publisher:...

In this final contribution to the symposium, I will discuss compensation practices by national militaries and their link to accountability.  It is perhaps not surprising that creative remedial responses to claims by individuals and other third parties against IOs have not emerged in the context of mass torts. The stakes are high, and there is a tendency to reign in precedent-setting gestures of good will.  Although IOs have tended to make apologies rather than to provide compensation, it is important to note that apologies are a secondary form of remedy...

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...

[Pedro A. Villarreal is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law.] In what is now an omnipresent claim, the coronavirus (SARS-CoV-2) pandemic currently rages throughout the globe. The epidemiological situation changes on a daily basis, often in dramatic fashion. Such fast-paced dynamism also encompasses the measures adopted by domestic authorities – for which there is a very useful tool here. It is appalling to see how the crisis has already shaken the deepest structures of society. As this symposium shows, the...

[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...

[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...

[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...

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...

...and response is to provide more certainty to norms’ addressees, both those who are obliged and those who are entitled to rights. Instead, so many caveats have been elaborated throughout these two posts, they would seem to lead to an increase in uncertainty. Conversely, I believe there is much value in trying to accurately depict the existing legal regime of pandemic response – including, of course, its existing pitfalls. Precisely due to law’s goal of providing certainty and stabilizing normative expectations, taking the many hidden corners into account is a...

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...