Search: Affective Justice: Book Symposium: A Response
05 Aug Dan Joyner on the Nuclear Non-Proliferation Treaty
Non liquet In other book news, Amazon has just told me your book has shipped and I should expect it soon. I also picked up the book Roger and Julian contributed to as well. Fame and fortune will surely follow....23 Apr Students, Junior Faculty, and Human Rights Scholars are Delicate Flowers
...someone of being a murderer. But that isn’t the worst claim in the above paragraph. I find particularly troubling Ní Aolain’s suggestion that an “organized” response to the original petition (ie, two professors wrote a response and asked others who agreed with them to sign it) might make “younger scholars” “feel unable to articulate their discomfort” (ie, publicly accuse a respected scholar of being a murderer) because of potential career repercussions. Does she have any evidence for the idea that the signatories to the counter-petition are going to persecute the...20 Jun Analysing the US Invocation of Self-Defence Re: Abu Khattallah
...in his magisterial book “Armed Attack” and Article 51 of the UN Charter (p. 155): In the end, customary practice suggests that, subject to the necessity and proportionality criteria, even small-scale bombings, artillery, naval or aerial attacks qualify as ‘armed attacks’ activating Article 51 UN Charter, as long as they result in, or are capable of resulting in destruction of property or loss of lives. By contrast, the firing of a single missile into some uninhabited wasteland as a mere display of force, in contravention of Article 2(4) UN Charter,...15 Jan Armed Conflict With Al Qaida: A Reply
...history to determine whether the coalition attack on Afghanistan was a legal response by the United States and its coalition partners in an act of self-defense after the 9/11 attack. I remember that the Administration was very dismissive of what the Taliban offered in response to the request to turn over certain Al-Qaeda persons. I have tended to think Afghanistan worked as a matter of self-defense and in light of the September 12 UNSC resolution but I have felt so duped by this administration on so many things that I...12 Mar Peter Berkowitz’s Unconvincing Justification of “Preventive” Self-Defense
No doubt the phrase ‘armed attack’ must be construed broadly enough to permit some anticipatory response. But it is a very different matter to expand it to include threatening deployments or demonstrations that do not have imminent attack as their purpose or probable outcome. To accept that reading is to make the occasion for forceful response essentially a question for unilateral national decision that would not only be formally unreviewable, but not subject to intelligent criticism either… In this sense, I believe an Article 51 defence would have signalled that...24 Aug Georgia, South Ossetia, and Abkhazia
...project of participatory ethnic nationalism in Georgia. Taken together, these failures risk tying US policy to a standard of Georgian behavior in war, conflict, control of non-ethnic Georgian territories – to the US asserting a frankly romanticized standard of Georgian goodness and purity – that, as a matter of history, even recent history, they have not managed to meet. US responses should be tied to Russian ill-doing, which are legion, not unlikely assertions of Georgian virtue. There is, in my view, no reason why the US response should be any...20 May Symposium: The International Rule of Law – Defying Gravity?
[Heike Krieger is Professor of Public Law and International Law at Freie Universitaet Berlin and Co-Chair of the Berlin Potsdam Research Group on The International Rule of Law – Rise or Decline? This is the fifth post in the Defining the Rule of Law Symposium, based on this article (free access for six months). The first is here, the second, here, the third here, the fourth here and the fifth here. ] The awareness of a crisis of international law is widespread. The multiplicity of challenges which the international order...
01 Sep Critical Pedagogy Symposium: Critical Pedagogical Approaches towards International Law Teaching in Iran–From Classroom to Virtual Space
...led the Graduate School of Political Studies, where he taught international law and wrote the first international law textbook in Persian. Informed by Western textbooks, Pirnia’s engagement with international law was equally doctrinal and Eurocentric. The topics in his textbook included history, subjects, treaties, diplomatic and consular law, and the usual international signposts. This trend persisted broadly until the 1980s. Iranian international law scholars who either graduated from European universities or studied in Iranian academic institutions under European-educated scholars taught the courses and wrote the textbooks. They rarely challenged Eurocentric...29 May VJIL Symposium: Comment – Second Party and Third Party Punishment
history coincided with the replacement of 2pp by 3pp. Modern governments, when they can assert their authority, usually forbid 2pp, calling it “taking justice into your own hands” or “vigilante justice” (which can also include 3pp but may also be 2pp by an offended group). The norms of 2pp tend to be based on retribution, although of course this is correlated with (at least specific) deterrence, so that both rationales can be used at once, whichever is primary. (“I’ll teach that SOB not to mess with me anymore. And, anyway,...13 Nov Opinio Juris/Yale Law Journal Symposium: Hathaway and Shapiro on Outcasting
Starting this coming Tuesday, Opinio Juris is pleased to host a joint symposium with the Yale Law Journal on a new article by Oona Hathaway and Scott Shapiro, Outcasting: Enforcement in Domestic and International Law. Here’s the abstract: This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method that modern states use to enforce their law, outcasting is nonviolent: it does not rely on bureaucratic organizations, such as police or militia, that employ physical force to maintain...