Search: Affective Justice: Book Symposium: A Response

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...

This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris through this symposium. Over the next three days we will be discussing two Articles from Volume 37, Issue No. 2. Our sincere thanks to An Hertogen and the rest of the Opinio Juris team for hosting this exciting discussion. First, in Avoiding Adaptation Apartheid: Climate...

I am delighted to announce that this week Opinio Juris will be hosting a symposium on Gerry Simpson‘s wonderful new book “The Sentimental Life of International Law.” Here is Oxford University Press’s description: The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm’s, both difficult and impossible....

AJIL Unbound has just posted the contributions to a symposium entitled “Revisiting Israel’s Settlements.” The contributors are all superb: Eyal Benvenisti, Pnina Sharvit Baruch, David Kretzmer, Adam Roberts, Omar M. Dajani, and Yaël Ronen. The true highlight, though, is the essay that accompanies the symposium and will be published in the next issue of the American Journal of International Law: Theodor Meron’s “The West Bank and International Humanitarian Law on the Eve of the Fiftieth Anniversary of the Six-Day War,” which can be downloaded for free. Meron’s essay revisits the...

[Melanie O’Brien, Senior Lecturer in International Law, University of Western Australia, is an award-winning IHL teacher and Vice-President of the International Association of Genocide Scholars. Her research focuses on genocide and human rights. This is the latest post in the co-hosted symposium with Armed Groups and International Law on Organizing Rebellion .] Tilman Rodenhäuser’s book analyses non-state armed groups in international humanitarian law (IHL), human rights law and international criminal law (ICL). Rodenhäuser is ideally placed to consider this topic, with a background of having worked for NGO Geneva Call...

...academia and legal practice to participate in the online symposium to discuss the wider implications of recent civil liability developments in the law and policymaking of corporate responsibility to respect human rights and identify the remaining gaps in the law. The first part of the symposium featured two webinars on the scope of the parent company’s duty of care and access to justice barriers in civil litigation. The organisers are grateful to the speakers and the audience for the engaging and knowledgeable discussions and thorough analysis of the underlying issues...

[Tarini Mehta is Assistant Professor of Environmental Law, Assistant Dean of Student Affairs and Director of the Environmental Law and Science Advocacy Forum at Jindal School of Environment & Sustainability, O.P. Jindal Global University, India.] [This symposium was convened by Shirleen Chin, founder of Green Transparency. Shirleen was inspired by attending an Expert Working Group on international criminal law and the protection of the environment at the Promise Institute for Human Rights at UCLA School of Law in Spring 2020. See here for the original Opinio Juris symposium which emerged...

were preparing for the wars to come. The drafting of these conventions was forward looking rather than backward looking.”  This is an important argument on the processes that shaped the content of the conventions and arguably the book’s main argument and contribution. I nonetheless wonder whether one could read the book as providing a slightly more nuanced take on the meaning of time (past, present future) for its protagonists. I sometimes think of at least some of the thinkers of the postwar era as post-traumatic. Think of the early classic...

been avoided. The initial error is a doozy: Turow has the Pre-Trial Chamber (PTC) authorise the investigation into the Roma massacre, despite the fact that Bosnia self-referred the situation to the ICC. The book even contains a mock decision pursuant to Art. 15, the proprio motu provision! That is, of course, completely wrong: because Bosnia self-referred, the PTC did not have to authorise the investigation. The OTP was free to investigate the massacre on its own. And that error, in turn, undermines the entire setup of the book, which opens...

her book. As Jonathan Varat said yesterday, it’s hard to imagine that a book about the Supreme Court could be a page turner, but this one is. Indeed, right now it is one of the top fifty books for sale on Amazon. UPDATE: You can watch the Pepperdine book presentation here. It features Jan Crawford Greenburg and includes commentary about her book by Jesse Choper (Boalt Hall), Jonathan Varat (UCLA), Ken Starr (Pepperdine) and Doug Kmiec (Pepperdine). Her comment that President Bush will not get another Supreme Court appointment is...

...what legal regime, if any, is applicable to them. This, in turn, leads to the third connotation of “informal”: the sense, real or perceived, that it dispenses with or circumvents the formal strictures, controls and accountability mechanisms of formal law. This goes to the heart of IN-LAW: Even though it may be a more effective way of solving cross-border problems, is it, ultimately, an end-run on democracy (more on this by Jan in a third post)? Part I of the book offers conceptual approaches to IN-LAW from different perspectives: legal...

I want to join others in congratulating Kal on the publication of his outstanding book. I also want to thank the OJ contributors for inviting me to visit their territory. Issues of spatiality — place, geography, and territory — have been largely under-examined in legal scholarship. This book is an invaluable synthesis and examination of a critical aspect of legal spatiality. One of the most intriguing parts of the evolutionary path Kal charts is the consistently instrumental use of territory to further national goals. I think territorial instrumentalism, in all...