Search: Affective Justice: Book Symposium: A Response

I agree with Professor Cheng that legal theory does not have to be predictive to be successful. But I wonder if he sets the bar a bit too low. In his previous post, he writes: Providing a framework of analysis to address international problems, to guide but not control, is perhaps the best that can be done. It may also be the most that ought to be done. But two of the leading alternative theories that Professor Cheng discusses in his book claim to do more than simply guide. One,...

I am very grateful to Kal Raustiala, Peggy McGuinness, Austen Parrish and Sarah Cleveland for taking the time to read my book – and I’m even happier that they liked it. They each make a number of important points, and I’ll now take the opportunity to respond to some of them. Kal is right in saying that one of my goals in the book was to separate preliminary, jurisdictional issues from the merits of any particular case, but that in reality such a separation is difficult to achieve. Peggy mentions...

...many historic and contemporary issues, is still a worthy endeavor. We are reassured that if we can find moments of contingency in which to exercise our ‘situated freedom’ (Samuel Moyn in the Conclusion) then perhaps our discipline’s future can be brighter than its past. There are also moments in the book which go against this grain, and it is at these junctures that the book really shines for me. In this piece I explore how two different authors (Umut Özsu and Moshen al Attar) engage with and work through their...

...book addresses discrimination against “racially marginalized people” in general (“same shit, different asshole”) and is thus about an overarching “justice problem” (p. 18). Meticulously researched chronicle Anyone who believed that the National Socialist “destruction of European Jews” and the subsequent efforts at political education in the Federal Republic of Germany had noticeably reduced prejudice, even hatred, against Jews is proven wrong by Steinke: His meticulously researched chronicle of anti-Semitic violence in Germany from 1945 until January 2020 (pp. 149 et seq.) shows that the violence is primarily directed against Jewish...

[Paul Schiff Berman is Dean and Robert Kramer Research Professor at George Washington University Law School.] Thanks to Peter and all the other bloggers for providing an opportunity to explore the ideas in my recent book, Global Legal Pluralism. I start from the premise that we live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational, and nonstate communities. Yet law often operates based on a convenient fiction that nation-states exist in...

...This could also directly or indirectly influence the conceptualisation and reasoning of these experts when faced with trade matters. The trade and investment debate is most challenging and this book offers a remarkable collection of relevant essays on several dimensions of this complex relationship. There are so many difficult legal issues that need to be explored and better understood and some go to the heart of each system. For example, what is the relationship between the fundamental MFN provision of the WTO GATS and benefits included fundamentally bilateral investment treaties?...

...the Economic and Social Fields (H/T to the inimitable Hayes Brown and his UN blog.) I haven’t been blogging much on account of some family stuff, but … this is why You Need to Read My Book, Living With the UN: American Responsibilities and International Order. Among other things, the book recommends that the US simply skip all the UN conference roadshows and urge instead that their matters be taken up in the course of ordinary business. (I’ve posted the first three chapters as a sample up at SSRN, here.)...

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Thank you to Professor Corn for his exceptionally thoughtful response to the article. His observations illustrate vividly, and persuasively, the apparent choices undergirding the traditional approach my Article critiques. I’ll reply briefly to some of his comments and conclude by highlighting what I perceive to be larger issues in the law of war that our dialogue might provoke. Professor Corn casts application of the traditional four combatant criteria to CNA participants as a presumption, bringing with it the attendant benefits of clarity and predictability. His Miranda analogy suggests that law...

The West has shown an impressive display of shock and disgust in response to Ahmadinejad’s remarks yesterday that the Holocaust is a myth. But as reported here, the silence from the Arab world has been deafening. “While official Arab reaction in such cases is usually slower than international reaction, any issue involving a defense of Israel is a thorny one for Arab governments, who risk appearing to side with Israel against a Muslim nation.” Why is an admission that the Holocaust actually occurred and that millions of Jews actually were...

Kevin and I have still never met in person, but we’ve already had our first twitter encounter last week on the legality of a U.S. military response to the attacks that killed the U.S. Ambassador in Libya (as well as three other Americans). Although the news reports on the attacks are not exactly clear, some have suggested that there is no Al Qaeda link to the groups behind the Benghazi attacks. This does suggest a new wrinkle to the legal analysis of any U.S. military response. First, under domestic American...

...Authority (ISA) regulations, and effectively veto ISA financial plans with which the United States disagrees. U.S. acceptance of the LOS Convention would also help assure certainty and stability with respect to the extended continental shelf beyond 200 nautical miles from baselines. In response to my earlier post Mr. Groves focused on continental shelf resources, and my comment today explores continental shelf issues. When we consider oil and gas activities on the continental shelf, it is important to distinguish between, on the one hand, continental shelf boundary delimitations between neighboring states...