Search: Affective Justice: Book Symposium: A Response

Opinio Juris is proud to host an online symposium on Michael Ramsey’s new book The Constitution’s Text in Foreign Affairs recently published by Harvard University Press. We are especially pleased to have Professor Ramsey with us to discuss his book because it is, in my humble opinion, the most important monograph on U.S. foreign relations law in the past decade (one might even say, without hyperbole, that it is the most important U.S. foreign relations book of this century!). Not since Professor Louis Henkin’s seminal treatise, Foreign Affairs and the...

...the night, theirs will sail safely to port and the others will sink into the inky blackness. I think they will simply sail to different ports – and then start bickering. (I don’t discuss the arms treaty negotiations specifically in my book on US-UN relations, Living With the UN: US Responsibilities and International Order, but Chapter 2 has a detailed discussion of the problems of consensus negotiations under conditions of “parallel” hegemony. Chapter 2 is available as part of a preview of the book, downloadable as a pdf from SSRN.)...

...as held by any sovereign in any other society.” After the other two cabinet members expressed views more in line with Hamilton than Jefferson, Washington urged them all to reach a consensus. “He seemed to direct those efforts more towards me,” Jefferson recorded dryly, “but the thing could not be done.” Fast-forward to today – and we are still far from consensus on the exact contours of the treaty power in our constitutional system. In a chapter on treaties in his excellent new book, International Law in the U.S. Legal...

...tension between America’s constitutional traditions and its global ambitions. Throughout this book I pay close attention to the international context, particularly to the changing global role of the U.S. In this sense the book is an example of what political scientists call “2nd image-reversed” analysis: I look carefully at how the international system shaped the content and direction of domestic law. As a weak power, the U.S. showed considerable solicitude for traditional Westphalian principles. As a superpower, it was far more willing to bend and even break established doctrine in...

...what I thought everyone needs to get through their everyday struggles. My reference to Miyazaki in the epilogue of my book was not a historically contemporaneous one like the other, but reflected the fact that I was watching and reading a lot about Miyazaki as a way to take a break from my book. It was also a future oriented gesture pointing to where I wanted my work to go after the book. Buried in the second part of a long pedantic documentary about Miyazaki’s daily routine making Princess Mononoke...

...you may have picked up that this is a day I do not let pass unmarked. I’ve invited my followers to celebrate the Day of the Discovery of Europe every March 4th for the past five years. This year, is no different. Except it kind of is: instead of just noting the day, I want to also share with you my thoughts on Dr. Caroline Dodds Pennock’s wonderful new book, “On Savage Shores: How Indigenous Americans Discovered Europe”. As you can tell from the title alone, Dr. Dodds Pennock’s book...

John Yoo and I will be discussing our new book, Taming Globalization, tomorrow night, Wednesday, March 28, 2012 from 6-8 p.m., at the The New York Athletic Club, 180 Central Park South New York, New York in an event hosted by the Federalist Society. Anyone who is interested is welcome to attend! For those of you on Long Island (and I know there must be at least a couple out there) we are holding a similar event at Hofstra Law School, Room 308 on Thursday, March 29 from 6-8 p.m....

[Karolina Aksamitowska is a Swansea University Research Excellence Scholar at the Hillary Rodham Clinton School of Law, Swansea University, Wales, UK.] The book that is the focus of this symposium, Ensuring Respect for International Humanitarian Law, is an important contribution to international law and practice. Generating respect for international humanitarian law (IHL) is one of the most difficult challenges faced by humanitarian actors nowadays and the book edited by Eve Massingham and Annabel McConnachie constitutes essential reading for academics and practitioners wishing to understand the many different aspects of the...

...International Law and Politics, and the Harvard International Law Journal. We had book discussions on Anupam Chander’s book The Electonic Silk Road, Freya Baetens’ edited volume on investment law within international law, Jeffrey Dunoff’s and Mark Pollack’s edited volume on international law and international relations theory, Katerina Linos’s book The Democratic Foundations of Policy Diffusion: How Health, Family and Employment Laws Spread Across Countries , Eric Posner and Alan Sykes’s book The Economic Foundations of International Law, and Curtis Bradley’s book International Law in the U.S. Legal System. We also...

Next week we’ll be hosting a discussion of our own Peter Spiro’s Beyond Citizenship: American Identity After Globalization (Oxford University Press). As readers of this blog know, Peter has many wonderful insights into the way that citizenship and national identity interact in a globalizing environment. (His latest post on Pamela Anderson is just the latest lighthearted example of his much larger project). The book uses citizenship practice as a lens on national identity, with discussions of birthright citizenship, naturalization, and plural citizenship, as well as of citizenship’s place in defining...

[Richard H. Steinberg is Professor of Law at the University of California. Los Angeles; Visiting Professor of International, Comparative & Area Studies at Stanford University; and Director of the Sanela Diana Jenkins Human Rights Project.] I am grateful for Ian Hurd’s thoughtful comment on my book chapter partly because it supports my claim that that everyone borrows from the realist tradition. Moreover, Hurd’s comment inadvertently recapitulates a narrow structural realist view of international law (recalling the associated dysfunctional debate of the 1980s) that I intended my chapter to supersede, offering...

...a basis for attacking the feasibility of much of the normative work that espouses changing the status quo in international law. In IL, a field that remains driven largely by normative agendas, realists constantly raise annoying facts and analyses that spoil the party. Finally, realists don’t see nearly as much customary law in the world as most international lawyers who aspire to build a more legalized world order. What’s not to hate? This book chapter argues that realism remains very much alive, not only because international lawyers have kept it...