Search: Affective Justice: Book Symposium: A Response
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...
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...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...
15 Jul Intervention in Civil Wars and the Dangers of Legitimacy
a chaotic fashion, hence making it nearly impossible to discern the current legal framework regulating these instances, at a closer look patters emerge. Notably, the analysis conducted in my book has identified that, while the effectiveness doctrine no longer reflects the current legal framework, legitimacy is emerging as a possible alternative with regard to interventions in favour of governments and rebels alike. Specifically, the pattern suggests that human rights are being used as a parameter of legitimacy. As highlighted by the contributions to this symposium, discussions on foreign interventions trigger...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...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...
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...