Search: Affective Justice: Book Symposium: A Response
05 Aug Complementarity, Catalysts, Compliance Symposium: Two Problems of Positive Complementarity in the Context of the DRC
[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...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...12 Mar Cheng Book Roundtable: How to Assess the Value of International Legal Theory
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,...24 Apr Alter Book Symposium: Comment by Jacob Katz Cogan
[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...
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...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...18 Oct Book Discussion Informal International Lawmaking: A Reply
[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...
14 Nov Symposium on Erin Pobjie’s Prohibited Force: Use of Force as Family Resemblances – A Cautionary Take
...commentary. However, Erin Pobjie notes, cases at the “lower end of the intensity spectrum” present serious difficulties insofar state authorities are usually reluctant to position themselves where both the facts and the law are deeply uncertain. (In turn, most institutional and academic efforts have been concerned with the notion of an armed attack, a subset of all the violations of the prohibition to use force, given its momentous implications, most notably the fact that it unlocks an armed response in self-defense.) The book thereby develops a framework to better account...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...