Search: Affective Justice: Book Symposium: A Response

...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...

Over the coming ten days, we are proudly kicking off the new year with our first book symposium of 2019 on Kubo Mačák‘s new book, Internationalized Armed Conflicts in International Law, published by Oxford University Press. In addition to comments from Kubo himself, we have the honor to hear from this list of renowned scholars and practitioners: Laurie Blank, Bill Boothby, Susan Breau, Katharine Fortin, Elvina Pothelet, Anne Quintin, Tamas Hoffmann and our own Priya Pillai and Alonso Gurmendi Dunkelberg. From the publisher: This book provides the first comprehensive analysis...

I wanted to flag for readers an on-line discussion that we are planning for next Monday-Wednesday, March 2-4. We will be pleased to host Richard Gardiner (University College London) for a discussion of his book, Treaty Interpretation. In addition to comments by the regular contributors, we will have several distinguished guest bloggers, all of whom know a thing or two about treaties: Isabelle van Damme (Clare College, Cambridge), Malgosia Fitzmaurice (University of London, Queen Mary), and Jan Klabbers (Helsinki). Among the potential topics will be discussion of the continuing vitality...

...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...

...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...

...a long way towards convincing me, but there are some other implications and cavils worth noting: I view this as an (already!) seminal contribution to how comparative law and the transplant process works. But the book has important prescriptions for international law as well, as Linos shows in her conclusion. For one thing, it justifies the efforts to pass global conventions, even nonbinding ones pointing to best practices: endorsements from international organizations can leverage political support for world-bettering policies. Second, where some view international law as rather undemocratic, the story...

...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...

...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.)...

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...

[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...

[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...

[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...