Search: Affective Justice: Book Symposium: A Response
22 May Book Discussion “Outsourcing War and Peace”: Laura Dickinson responds to Steve Vladeck
[Laura Dickinson is the Oswald Symister Colclough Research Professor of Law at the George Washington University Law School in Washington DC.] This is the sixth day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. Steve Vladeck’s post focuses on the interesting question of whether prosecutions of contractor employees abroad under MEJA might sometimes result in indictments for activities that are sufficiently unrelated to the US military mission that...
21 Jan Symposium: Three Questions to the Author
[Elvina Pothelet is a Ph.D. candidate at the University of Geneva. Her research interests focus on the international law governing the use of force, the law of armed conflict and war crime law.] Kubo Mačák’s book is a rich and thought-provoking contribution to the scholarship on IHL applicability. The writing style and structure of the book make it a smooth and enjoyable read – to the extent this is possible for a book dealing with armed conflicts. The author’s expert analysis of the law is enriched with plenty of historical...17 Oct Book Discussion Informal International Lawmaking: Legal Nature and Impact
[Ramses Wessel is Professor of the Law of the European Union and other International Organizations at the University of Twente] In Part II we focus on the legal nature of informal international lawmaking. Perhaps ironically the question of whether IN-LAW should be perceived as forming part of the ‘legal universe’ is one of the most prominent ones addressed in this book. The project started off under the working title ‘Informal International Public Policy-Making’. However, on the basis of the empirical analysis we found that it is quite often difficult not...12 Mar Bradley Book Symposium: Kristina Daugirdas on Delegations to International Institutions
[Kristina Daugirdas is Assistant Professor of Law at Michigan Law] I’m delighted to have the opportunity to comment on Professor Curt Bradley’s excellent new book. Before getting to the question of how the decisions and orders of international institutions are integrated into U.S. law—Professor Bradley’s main focus in this chapter—it’s worth pausing to consider why states bother to create international institutions at all. States could have drafted a series of treaties that simply codified substantive obligations relating to various issue areas. Instead, they created institutions and delegated authority to them...05 Jul The Arms Treaty Negotiations and the Problems of Consensus for a Hegemonic Player
...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.)...08 May Opinio Juris Book Discussion: Peter Spiro’s Beyond Citizenship
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...11 Mar Bradley Book Symposium: The Scope of the Treaty Power
...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...27 Jul Does the Constitution Follow the Flag? The Evolution of Territoriality in American Law
...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...
26 Oct International Law and Popular Culture Symposium: Writing Science Fiction
...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...
04 Mar The Discovery of Europe: Exploring De/Post/Anti-Colonial Thought through Caroline Dodds Pennock’s “On Savage Shores”
...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...