I am very grateful to Kal Raustiala, Peggy McGuinness, Austen Parrish and Sarah Cleveland for taking the time to read my book – and I’m even happier that they liked it. They each make a number of important points, and I’ll now take the opportunity to respond to some of them. Kal is right in saying that one of my goals...
Louis Henkin Professor of Human and Constitutional Rights, Columbia Law School. From 2009-2011, the author served as Counselor on International Law to the Legal Adviser of the U.S. Department of State. The views expressed here are personal and do not purport to reflect the views of the U.S. government. The period since September 11, 2001 has seen significantly heightened interest in...
In Extraterritorial Application of Human Rights Treaties: Law, Principles, Policy, Marko Milanovic has written an illuminating and comprehensive analysis of the increasingly contested question of the geographic scope of human rights treaties. Of course, this is a dynamic area of law—as Marko notes, many of the cases he examines are of quite recent vintage—so undoubtedly he will be at work...
I am very grateful for the opportunity to discuss my book on EJIL: Talk! and Opinio Juris, as am I grateful to the commentators on both blogs for taking the time to read and discuss it. In this introductory post I’ll try to outline the book’s main arguments and themes and my approach generally in analysing a very complex topic. The...
We want to begin our closing post by thanking everyone who has participated in the symposium on our article this week. We also wish to thank our lead editor at the Yale Law Journal, Philip Levitz, who help arrange this symposium (as well as a forthcoming symposium at Yale Law Journal Online) and who has been truly outstanding in...
Being the only non-international lawyer I am the outlier (hopefully not to become the outcasted) among this group of commentators. I suspect I was asked because I am an EU law scholar and, for some, that is international law. Having approached the subject with some skepticism I asked myself if that was not representative of the nature and importance of the...
We want to thank the participants in the symposium once again for their fantastic comments on our article. We have really enjoyed watching the discussion unfold. Here we offer a few words in response. In his post, Peter Spiro suggests that we are operating from a “sovereigntist premise.” If what Peter means by this is that we...
I read Scott's and Oona's article Outcasting with great pleasure. It is a wonderful contribution to the burgeoning literature on legal pluralism and non-state governance. In particular, the article contests two propositions that have undermined recognition of various forms of non-state law: first, that law must be enforced by the legal regime itself; and second, that law must be enforced through...
We want to thank Gary and Samantha for offering such interesting insights. We will not be able to do them justice, but let us at least offer a few brief words in response. In his latest post, Gary calls on us to say more about when outcasting will be effective at changing state behavior, calling for both process tracing and empirical...
Oona and Scott's article is meant to be an opening salvo. But it would be helpful to see more positive empirical evidence. I don't just mean that I'd like to see more cases of non-traditional enforcement than medieval Iceland and classical canon law, although I would, and I'm sure Oona and Scott would too. (Still, has there ever been a...
Thanks to Duncan and Opinio Juris for the chance to discuss this work, and thanks to Oona and Scott for writing it. This is a wonderful article, provocative and learned, bursting with fresh thinking and rich in empirical observation. It was a pleasure to read. There's a wealth of stuff to discuss. I agree, both positively and normatively, with treating international...
In their article Outcasting: Enforcement in Domestic and International Law, Oona Hathaway and Scott Shapiro make a seminal contribution to the study of the legality of international law. Their piece is not only a direct contribution to the burgeoning field of philosophy of international law, but it also participates in and deepens an important conversation within the field of general jurisprudence...
