Search: Affective Justice: Book Symposium: A Response

...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...

[Jacob Katz Cogan is the Judge Joseph P. Kinneary Professor of Law at the University of Cincinatti College of Law] At the beginning of the fourth chapter of her new book The New Terrain of International Law: Courts, Politics, Rights, Karen Alter asks: “why [are] there . . . more international courts today than at any point in history”? (112). It is an interesting and important question. Seeking to “provide[] a partial explanation for the trends” in the proliferation during the past twenty-five years of the “new-style international courts” (which...

[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...

...when we shouldn’t. In those cases, we should find a way to do the right thing without undermining the overall international legal system, which has an inherent moral value in maintaining minimum world order. If this account of Professor Cheng’s policy-oriented theory is accurate, then one might think he is simply updating the New Haven School for the 21st Century. But this (far from small) accomplishment is only one part of his book. What makes WILW so unusual is that it attempts to apply its framework to an astonishingly wide...

[John Coyle is an Associate Professor at the University of North Carolina School of Law. This is the sixth post in our symposium this week on treaty supremacy.] In his wonderful new book, The Death of Treaty Supremacy, David Sloss provides a highly readable and immaculately researched account of treaty supremacy doctrine. Although the book offers original insights into a great many topics—including the process of invisible constitutional change—I found its detailed taxonomy of the various versions of the doctrine of non-self-executing treaties to be particularly compelling. Whereas previous scholars...

Let me begin by saying that God and Gold is an ambitious book. According to Walter Russell Mead, the book is not about history, but about the meaning of history. What is the overarching plot of world history? Mead argues that history is best viewed from the perspective of Anglo-American power. He writes, “It is not too much to say that the last four hundred years of world history can be summed up in ten letters. As leadership in the maritime order shifted from the United Provinces of the Netherlands...

[Steve Vladeck is Professor of Law and Associate Dean for Scholarship at American University Washington College of Law.] This is the third 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. One needn’t look far for proof that the issues raised by Laura Dickinson’s Outsourcing War and Peace with regard to the absence of liability for military contractors are at the forefront of contemporary law and policy. If...

[Jacques B. Mbokani is a Professor of Law at the Université de Goma in the Democratic Republic of Congo and a Consultant to Open Society Initiative for Southern Africa. A French version, provided by the author, appears below the English version of this post.] Introduction Christian De Vos’s book on Complementarity, Catalysts, Compliance takes a fresh look at the relationship between the International Criminal Court (ICC) and national courts involved in the fight against crimes under the jurisdiction of the ICC. When one reads this book carefully, one cannot help noticing...

[Joost Pauwelyn is Professor of International Law and Co-Director of the Centre for Trade and Economic Integration, Graduate Institute of International and Development Studies in Geneva.] Thank you to Professors David Zaring, Tai-Heng Cheng and Chris Brummer for their truly insightful and extremely helpful comments. Our book, and this discussion, is clearly only the beginning of a much longer debate on what, I predict, will turn out to be a radical transformation of the international legal system. On David’s question: Why now? Haven’t we always seen informality? Yes, but today...