Search: Affective Justice: Book Symposium: A Response
24 Nov Stewart Mini-Symposium: A Response to Samuel Moyn
...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...06 Dec A Response to Karen Scott by Anastasia Telesetsky
...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,...17 May A Response to Dianne Otto by Gina Heathcote
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. . ....
04 Apr COVID-19 Symposium: Will the UN Security Council Act on COVID-19?
...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...
29 Jul Depoliticising Disasters is a Disaster: The (Dis)Allowance of “Disrupting the Functioning of a Community or a Society”
...a significant event that “disrupts the functioning of a community or society” is somewhat misleading. This current definition is rooted in a particular epistemology that UUPB has uncritically accepted, thereby allowing systemic injustices to persist. The prevailing notion suggests that disasters should be managed in a way that prevents disruption to this injustice, thereby enabling business as usual. In a sense, disaster management, as it’s understood today, focuses on maintaining injustices during disasters rather than addressing them. Disruption of the Functioning of a Community or a Society A community or...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...
26 Sep Jus ad Bellum Under Strain: The Illegality of the June 2025 Strikes and September’s Legal Risk Picture
...collapses upon scrutiny, because no Iranian armed attack on Israel had occurred or was imminent at the time Israel launched its bombardment. The well-settled rule under Article 51 (confirmed by the International Court of Justice in Armed Activities on the Territory of the Congo (DRC v. Uganda)) is that the right of self-defense arises only in response to an actual armed attack or, at most, an attack that is truly imminent. Israel’s situation does not meet this criterion. There was “no armed attack by Iran against Israel occurring on June...
20 Aug Muddying the Waters Still Further: A Response to Steven Kay and Joshua Kern
...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,...31 Jul The Specific Costs of Arbitrary Detention and Torture: A Response to Eugene Kontorovich
[Ariel Meyerstein received his J.D. from Boalt Hall (2006) and is currently a PhD candidate, Jurisprudence and Social Policy Program. His recent scholarship includes, “Between Law and Culture: Rwanda’s Gacaca and Postcolonial Legality,” 32 Law and Social Inquiry 467-508 (2007), “Transitional Justice and Post-Conflict Israel/Palestine: Assessing the Applicability of the Truth Commission Paradigm,” 38 Case Western Reserve Journal of International Law 281 (2007), “The Law (and Lawyers) as Enemy Combatant(s),” University of Florida Journal of Law and Public Policy (forthcoming).] In this reply, I do not want to take on...