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Search: Affective Justice: Book Symposium: A Response

24 Nov

...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...
24.11.14 | |

11 Feb

...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...
11.02.11 | |

26 Oct

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...
26.10.09 | |

18 Apr

Opinio Juris is pleased to announce an online symposium addressing social activism and international law. As our readers know, Kony 2012 was a YouTube sensation, spreading faster than any video in history. Although the details are airbrushed, the central theme of the video is about international law. The key idea of the video is that the indicted fugitive Joseph Kony should be brought to justice before the International Criminal Court to face charges of war crimes and crimes against humanity. Millions of viewers who never thought about the International Criminal...
18.04.12 | |

10 Apr

[Jens David Ohlin is Associate Professor of Law at Cornell University Law School.] This post is part of our symposium on the latest issue of the Leiden Journal of International Law. Other posts in this series can be found in the related posts below. I agree with almost everything in Darryl Robinson’s plea for a cosmopolitan liberal approach to international criminal justice. Robinson’s article sketches out the development of ICL scholarship, noting the beginnings of the field, followed by the liberal critique of early ICL development, and then the counter-critique...
10.04.13 | |

04 Feb

has territorial jurisdiction in Palestine. The Court faces a crucial decision: either it recognises that the ICC has judicial oversight over international crimes in Palestine (by virtue of the reasons put forth by my colleagues in this symposium), or it decides that Palestine remains in the blind spot of international justice, a legal black hole of where impunity is granted for the most serious crimes of international concern. As such, in accepting or rejecting territorial jurisdiction over Palestine, the Court will be forced to clarify its position within international law:...
04.02.20 | |

23 Jul

I know we will be having a discussion of Tom Farer’s book on a grand liberal strategy for dealing with terrorism down the road, but I wanted to note that the general issue of ‘grand strategy’ is at the heart of Philip Bobbitt’s new book, Terror and Consent. It has deservedly been widely reviewed and highly praised – Ferguson in the New York Times Book Review, for example – “the most profound book on the subject of American foreign policy since the attacks of 9/11 – indeed since the end...
23.07.08 | |

15 Jun

...Begg's book: "It'll all be over one day," in the London Review of Books, Vol. 28, No. 11 (8 June 2006), 10-12. Seamus 'I think it would behoove everyone who fairly wrestles with these questions to admit that there is no easy or simple answer here.' The Bush administration appears to have found an easy answer to at least one question, to wit: UPDATE: Pentagon Orders U.S. Reporters to Exit Guantanamo Please see stories in EDITOR & PUBLISHER (link at TalkLeft), Los Angeles Times, etc. Seamus Regarding the expression 'the...
15.06.06 | |

07 Feb

...and current overview of treaty law and practice for academics and practitioners alike. It combines 25 chapters on all the basic issues that arise in treaty-making, (including formation, application, interpretation and exit) with a survey of common treaty clauses, including 350 examples from existing treaties. The book is due in print this summer, but feel free to pre-order your copy now. I’m sure I’ll blog about it more in the coming months (as well as a few treaty-related issues I picked up along the way). For now, however, I’d love...
07.02.12 | |

21 May

Mihai Martoiu Ticu "Calls on all States to work together urgently to bring to justice the perpetrators, organizers and sponsors of these terrorist attacks and stresses that those responsible for aiding, supporting or harbouring the perpetrators, organizers and sponsors of these acts will be held accountable;" I wonder what the resolution means by bringing to justice? Is it justice of the John Wayne type or a real court with real judges? Liz There has to be a means to bring suspects to that "real court" with "real judges". They don't...
21.05.11 | |

10 Jun

who hold the greatest responsibility for setting policies of state violence and repression –a trend already underway in international, hybrid and national tribunals. However, these criminal law mechanisms at least do not force societies to confront the all or nothing option of trials v. total forgetting for the sake of political expediency. Instead, a flexible criminal justice process emerges that upholds the primacy of accountability, important for building the rule of law and meeting the justice demands of victims-survivors. On this last point, I believe that Slye and I concur....
10.06.09 | |

01 Aug

Professor Lederman asks in a comment to Professor Kent’s post if we could clarify our disagreement on the President’s power to respond to attacks. Briefly, here is how I understand it. I think both of us agree: (1) That Congress has the ultimate control over the U.S. response to an attack, in that it can limit the response by statute, or simply refuse to approve funding for certain kinds of responses; and (2) That in the absence of statutory approval the President can “repel sudden attacks” (as Madison said at...
01.08.07 | |