Search: Affective Justice: Book Symposium: A Response
25 Nov Stewart Mini-Symposium: A Response to Steven Ratner
objections. In the interests of space, I respond to several briefly here in bullet form, without I hope seeming dismissive of important questions that require far greater discussion than I can deliver presently: Ratner suggests that my article is a “response to the demise of the ATS vehicle.” Actually, this research spans eight years and would still hold true if the US Supreme Court had reached the diametrically opposite conclusion in Kiobel. Mostly, it is a reply to the experience of investigating atrocities in Africa, not a response to the...15 Nov Dualism is Overrated – As is Monism: A Response to Julian Ku
...law obligations by failing to enforce those obligations (usually treaties) domestically.” However, according to Ku, the decision of the High Court of Justice of England in Wales in Miller v Secretary of State for Exiting the European Union of November 3 tells us otherwise, namely that dualism “makes it harder [for a State] to withdraw from [its] international obligations.” Ku places an emphasis on the High Court’s statement that while the conduct of foreign affairs (and more specifically “the making and unmaking of treaties”) is a prerogative of the Crown,...01 Feb A Response to Sean Watts by Geoffrey Corn
...his Article why the evolution of CNA infrastructure and architecture increasingly calls into question the underlying logic that animates the existing law of war framework for determining who may lawfully participate in hostilities associated with an armed conflict. In response to this evolution, Prof. Watts proposes a reassessment of this framework that would abandon the existing rules that limit participation in hostilities to members of the armed forces. Instead, he asserts that for purposes of CNA operations, the relationship between the operator and state authority should be the focal point...
07 Apr COVID-19 Symposium: Quantum Leaps of International Law
...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...11 Feb A Response to Anu Bradford and Eric A. Posner by Robert Ahdieh
...U.S. exceptionalism, however, may lie elsewhere. Rather than in the conduct itself, it may lie in distinct European versus U.S. approaches to questions of the legality of said conduct. Each jurisdiction, of course, responded differently to efforts at international review of the legality of the relevant interventions. Even more telling, however, might be the response to domestic challenges to the legality of each conflict. Recall, thus, then-Prime Minister Tony Blair’s lengthy testimony (and examination) before the Parliament’s Iraq Inquiry, in which he offered a vigorous defense of British participation in...26 Oct The ATS and the USG Government Response, a Query
that it's an academic's thing, not so important to administrations. But I would have thought that from the moment in which plaintiffs began to win corporate liability holdings, the issue was far more important. Maybe not. Jeffrey Davis In my book, Justice Across Borders (Cambridge 2008), I conduct an extensive quantitative and qualitative analysis of US involvement in ATS cases (among other ATS issues). The analysis includes interviews with lawyers from the Departments of State and Justice including the Legal Adviser. For example, in District Court cases defendants prevail in...08 Feb A Response to Erin F. Delaney and Samuel Issacharoff by David Schleicher
[David Schleicher, author of What If Europe Held an Election and No One Cared?, responds to Erin F. Delaney and Samuel Issacharoff] I would like to again thank Erin Delaney and Samuel Issacharoff for their kind if skeptical response to my paper. Their praise is particularly appreciated as Professor Issacharoff’s brilliant work on election law has been, and remains, an inspiration for my own scholarship. And their criticisms are well taken, even if I disagree with some of them. They make three basic points, which I’ll address in turn. First,...11 Feb Ensuring Repair through Reparations: A Response to Hari M. Osofsky by Maxine Burkett
Professor Osofsky’s response to my article is convincing and her exploration of the gaps in my earlier discussion of climate reparations is welcome — in fact, it is encouraged. The hope in writing an article on climate reparations was to investigate seriously alternate avenues for remedy for the climate vulnerable and encourage creativity across scales, between novel claimants, and for individuals or billions, in careful response to their current and forecasted environment. It is the first brush stroke on a quite large, and perhaps expanding, canvas. What should not be...15 Jan Armed Conflict With Al Qaida?
...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...