Search: Affective Justice: Book Symposium: A Response

[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...

...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...

...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...

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...

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...

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...

[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...

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...

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:...

...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...

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...