Search: Affective Justice: Book Symposium: A Response

...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...

[Kjetil Mujezinović Larsen is Professor of Law, Director of Research, and Deputy Director, at the Norwegian Centre for Human Rights at the University of Oslo. He is the author of «The Human Rights Treaty Obligations of Peacekeepers» (Cambridge, 2012). This post is a part of the Protection of Civilians Symposium.] By way of introduction, let me state that I agree with Marten’s analysis of the legal obligations of peacekeepers. Therefore, rather than rehearsing the arguments raised by the other contributors to this Symposium, I want to address a concrete issue...

[Greg Shill is a Visiting Assistant Professor at the University of Denver Sturm College of Law.] 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 thank Professor Christopher Whytock for engaging with the ideas in my article, Ending Judgment Arbitrage: Jurisdictional Competition and the Enforcement of Foreign Money Judgments in the United States, 54 Harv. Int’l L.J. 459 (2013), and the Harvard International Law Journal and Opinio Juris for hosting this symposium....

[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...

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...

The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles and an essay recently published by VJIL in Vol. 50:2, available here. Today, Sean Watts, Assistant Professor, Creighton University Law School, will discuss his Article Combatant Status and Computer Network Attack. Professor Watts’s Article examines the critical question of combatant status in computer network attacks. Noting that few transformations in war rival the impact of computers and information networks on the conduct of hostilities, Professor Watts...

[ Boravin Tann is a researcher and lecturer at the Center for the Study of Humanitarian Law based at the Royal University of Law and Economics (RULE), Cambodia. Rosemary Grey is a Senior Lecturer at Sydney Law School, The University of Sydney.] 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...

clarify our claims. We have also had the benefit of their own thinking and writing on this case in preparing our article. Finally, we would like to thank YJIL for organizing this Symposium. Response to Professor Perisin: Professor Perisin first suggests that the aim of the EU seal products ban is to protect the fox and mink industries within the EU. This raises the issue of how one ascertains whether the aim (or motive) of a measure is protectionist for purposes of WTO law. It would be helpful to understand...

[Judy Mionki is an International Criminal and Human Rights Lawyer. She has been part of defence teams at the International Criminal Court in the Kenya and the DRC situations. The views expressed in this posts are the author’s own. This post summarises an upcoming journal article (forthcoming, Journal of International Criminal Justice, 2024).] 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...

It’s back! The editorial team at Opinio Juris is pleased to announce the call for papers for our Third Annual Symposium on Pop Culture and International Law.  We welcome pitches of up to 300 words on any topic relating to international law and popular culture (film, tv, books, video games, or more–get creative!). To be considered, please submit your pitch via email to Alonso Gurmendi and Sarah Zarmsky at s.zarmsky@essex.ac.uk by Friday 25 August 2023 at 17:00 UK time. Decisions will be communicated by 1 September 2023.  If selected, the...

[Chris Carpenter is a lawyer and researcher in international law. She holds a J.D. from the University of Pennsylvania Law School and a master’s from the University of Cambridge.] This piece is about imposter syndrome, which I encountered in beginning my master’s at the University of Cambridge. When I submitted an abstract for this symposium, countless memories spanning almost a decade in higher education sprung to mind: sexual harassment from faculty, the blatant sexism of an interviewer when applying to law school, the experience of sitting in constitutional law classes...

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...