Search: Affective Justice: Book Symposium: A Response
29 Apr Symposium on Boyd van Dijk’s Preparing for War: The Making of Future Wars – A Methodological Note
even within the in-group of drafters there were not only hierarchies, but also very different visions of the type of wars to come and how to regulate them. The book gives vivid accounts of many of them, but pays particular attention to the French, the Soviet, the British and the American delegations. The French drafters in response to Nazi occupation, presented a progressive demand for robust rights for interstate resistance fighters. At the same time, they had to bring this project into line with their brutal counterinsurgency campaign in Indochina...23 Sep Book Symposium: Cyber War – A Duty to Hack and the Boundaries of Analogical Reasoning
...In such cases, default presumptions may simply regard the behavoir as automatically prohibited or permitted in ways that create tensions with the law’s underlying nature and purpose. For example, I find it problematic that cyber-operations do not qualify as attacks simply because they do not involve violent consequence even if they can achieve the very same military objective as an attack. My Duty to Hack idea serves as a response to such difficulties by thinking more carefully about the rules for cyber operations and the values they serve when there...17 May Book Discussion “Outsourcing War and Peace”: Intelligence Contracting and the Ballad of Dewey Clarridge
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. Following-up on my earlier post on the difficulty of changing contracting practices by executive agencies, I thought I’d highlight a few quotes from a January 2011 NY Times article about Dewey Clarridge. Clarridge has had a long and storied career in and out of the CIA. He (proudly) claims responsibility for having the idea to...
14 Jul Intervention in Civil Wars Symposium: Beyond Humanitarian Intervention–Human Rights and Jus Ad Bellum
...the notion – perhaps held intuitively by many – that individuals are (or at least, should be) the ultimate beneficiaries of the modern jus contra bellum. Redaelli’s book highlights these increasing connections between human rights and jus ad bellum with respect to military intervention on invitation. Human rights and consent to armed intervention In her book, Radaelli argues that ‘human rights have been affecting jus ad bellum in a pervasive and profound fashion’. (p251) This is due to the importance of human rights in determining who may consent to armed...20 Oct Kim Priemel, “The Betrayal: The Nuremberg Trials and German Divergence”
as well as most legal scholars. The book also does something almost unprecedented: tell the story of the IMT and NMTs together, which is necessary for understanding both. The book’s only competitor in that regard is Telford Taylor’s wonderful book The Anatomy of the Nuremberg Trials: A Personal Memoir — but Taylor’s book is, as the title indicates, a memoir, not an “objective” legal history. Anyone interested in Nuremberg, international criminal law, or transitional justice will want to pick up a copy of The Betrayal. To appropriate Larry Solum: read...
14 Jul Intervention in Civil Wars Symposium: Representatives of their Own Peoples–From National Liberation Movements to Opposition Groups
book is divided into three main parts looking at the evolution of the notions of sovereignty, intervention, and human rights (Part I), the interventions in favour of governments (Part II), and the interventions in favour of opposition groups (Part III). Since my area of research has focused on armed opposition groups, I am going to restrict my comments to some of the questions discussed in Part III of the book. One particular issue I find fascinating is the examination of the legitimacy of rebels in international law (in Chapter 6)....02 Dec Milanovic on Extraterritorial Application of Human Rights Treaties: Judicial Interpretation and the Future of IHR Regulation
...ECtHR caselaw in the area of extraterritoriality that Marko exposes in his book serves as a reminder of the delicate balance that any rights adjudicator must strike between adherence and respect for its rulings and the institutional bounds set out for it by the treaty states. While the delegations problems are not unique to international human rights institutions, they raise different concerns and dangers than do other international judicial delegations. The experience of the U.S. Supreme Court on the extraterritoriality of American constitutional rights (see Kal Raustiala’s fine book, discussed...17 May Book Discussion “Outsourcing War and Peace”: Too Much Jurisdiction? – Contractor Liability After Brehm and Ali
[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...