Search: Affective Justice: Book Symposium: A Response

...regime fragmentation offers new-found opportunities to link issues and institutions. Karen’s observations in her article make an important contribution to IEL scholarship. I thoroughly enjoyed Karen’s article and appreciated her conclusion about the dynamic nature of MEAs. To be fair in this response, neither of the issues that I’m identifying as gaps are an explicit part of Karen’s well-researched project. In reflecting on the MJIL article, the two analytical gaps for me were 1) a pragmatic explanation of why there has been a profusion of cooperative efforts across treaty bodies,...

book, The Law on the Use of Force: a Feminist Analysis (Routledge, 2011) where I argue: A prescriptive analogy assumes the correlation of domestic legal categories with international legal categories and, therefore, explains international legal justifications for violence by drawing upon domestic legal justifications for violence. In contrast, the conceptual analysis developed in this book does not assume the sameness of international and domestic legal structures instead, it seeks, to expose concepts developed in Western domestic legal orders that are assumed to exist in the international legal system. . ....

and in the advisory opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons (“the submission of the exercise of the right of self-defence to the conditions of necessity and proportionality is a rule of customary international law.”?) Although time and space do not allow a complete discussion of the concept of proportionality as relates to all the questions raised by Benjamin Davis, Katharine and others, it is our position that the response to the attacks of 11 September 2001 has been...

...1947. I already quoted what the Director General of Israel’s Foreign Ministry said in 1949 in my response to their first article. They have ignored what he said. Then there was the statement made by the Foreign Minister of the Provisional Government of Israel in April 1948, which addressed the very point they now contest: “With regard to the status of Assembly resolutions in international law, it was admitted that any which touched the national sovereignty of the Members of the United Nations were mere recommendations and not binding. However,...

Anupam Chander I am grateful to Mark Wu for penning a thoughtful response to some of the ideas in “Trade 2.0.” I am fortunate to have such an expert commentator. Wu agrees with my aims, but worries that the political will may be lacking to effect my proposals. He also offers four other hurdles to implementation. I consider each concern below, beginning (in the interest of easy cross-reference) with the one he labels “first,” and concluding with a response to the political will objection. First, Wu is concerned that GATS...

...have had to correct some of them). I would like to comment that this approach to interacting with a member of one's government is very troubling to me. Essentially, I am receiving carefully developed position papers that seek to sound eminently reasonable from Mr. Bellinger to which a response is sought. Points that are immediately relevant are deferred to later in the week, yet I fully expect that they will not be addressed. I suspect that certain points have been included in this first post so that if a response...

...a gradual linear way. These developmental shifts occur in response to crises perceived as being of concern to humanity as a whole. This post argues that the current global health crisis is a unique opportunity to ‘recondition’ the system to better reflect the increased global interconnectedness of people, organisations and states across the world. This momentum should not be lost. Moment of consensus Arguably, the entire architecture of the international global order is premised on consensus formed as a response to crises perceived as a threat to humanity as a...

[Charlotte Renglet is a PhD candidate working on climate litigation and indigenous peoples’ rights at the Faculty of Law and Criminology of the Vrije Universiteit Brussel. Prof. Dr. Stefaan Smis is the Head of the Department of Public Law at the Faculty of Law and Criminology of the Vrije Universiteit Brussel and a part-time Reader in International Law at the University of Westminster.] [This work was supported by the Research Foundation – Flanders (FWO – Research project G079120N).] In the absence of an adequate political response to climate change, a...

...was a ‘radical change from previous versions’ of the IHR, moving from a passive approach relying on a list of diseases and strict national measures to a fluid, more interconnected approach. Under the IHR 2005, the ‘WHO plays a central role in surveillance, risk assessment and response and aims at ensuring an effective but proportional public health response to avoid unnecessary interference with traffic and trade’. WHO Member States are obligated to cooperate in good faith with each other and the WHO in detection, notification, and taking measures in response...

In God and Gold I write about three elements of England’s success. Roger asks how I combine the three into one story – and wonders whether the whole story hangs together. In response, let me describe the three pieces of my story, and show how I think they fit. First, England was a lucky country – the Goldilocks of early modern Europe. It wasn’t too big – like the Holy Roman Empire or France; it wasn’t too small like Holland. It was just right. The English Reformation wasn’t too hot...

...of the opportunity.” As I have acknowledged in the paper and elsewhere, others, especially Ken Hurwitz and my other former partners-in-crime at the Open Society Justice Initiative, have also played a particularly crucial role. To my mind, the collective nature of this undertaking does not affect whether or not the somewhat awkward term “discovery” is a meaningful descriptor of the process. At a later point, Stephens imputes to me the view that ATS commentators failed to see the importance of retribution, punishment and moral guilt. In fact, I argue that...

...simplistic terms, we should simply work harder in more intellectually inclusive ways to ensure that ICL does not eclipse other regulatory possibilities. It’s precisely for this reason that I spent so much ink in the article making space for alternative initiatives, and why I pestered my friends at Opinio Juris to invite responses from scholars who I knew full well would disagree with me. Moyn continues his helpful response by citing Kierkegaard’s example of a man with so much food in his mouth he’s unable to chew as a caution...