Search: Affective Justice: Book Symposium: A Response
03 Oct Book Symposium Investment Law: Comments on Mary E. Footer’s Chapter
...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?...18 Jun Berman Book Discussion: Paul Berman on Global Legal Pluralism
[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...
02 Oct Terror against Jews in Germany: Reflections on Ronen Steinke’s New Book
...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...
17 Jun Contingency in International Law Symposium: Planned Obsolescence of International Law–On Contingency and Utopian Possibilities
...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...05 Dec Reply to Raustiala, McGuinness, Parrish and Cleveland
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...16 May Book Discussion “Outsourcing War and Peace”: Too Many Gaps – The Need for a Better Accountability Framework for Private Military and Security Contractors
time, we need better evidence-gathering in the field. It took two weeks for FBI investigators to get to Nisour Square to collect information, and ultimately it was largely the evidentiary problems that appear to have caused this case to fall apart. Thus, I also support CEJA’s provisions requiring theater-investigative units to gather evidence in cases of abuse. Finally, I will discuss in a future post, we might consider bringing contractors under the military justice system and subjecting them to the Uniform Code of Military Justice. But even apart from potential...
14 Feb Symposium on Rewriting Histories of the Use of Force: Of Rules and Exceptions in Jus ad Bellum
...however, these doctrines were expressions or applications of the broader concept of self-preservation, which Verdebout admits, was recognized as a fundamental right of states. To Verdebout, this confirms the core claim of the book, which is that pre-1914 international law was not indifferent towards the question of the use of force. For instance, on pages 204-205, Verdebout notes that in all the cases of intervention surveyed in her book, the use of force was “presented as sanctions of law – i.e., as the exercise of the right of self-preservation.” This,...04 Oct Events and Announcements: 4 October 2020 (Update)
regarding the Group, including suggestions for future book talks or readings, should be directed to our email address: htil[dot]anzsil[at]gmail[dot]com. If you wish to be added to the mailing list, please include ‘Mailing List’ in the subject line. If you want to register for the book talk or the reading group, please email the same address including ‘Event Restoration’ in the subject line. With our best wishes, Ntina, Cait and Guy ANZSIL HTIL Interest Group Convenors Events (Update) Online Symposium: Civilian Casualties: The Law of Prevention and Response Please join us...
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...