Search: Affective Justice: Book Symposium: A Response

...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...

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...

...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,...

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...

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...

[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...

...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...

...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...

[Michael D. Goldhaber serves as Senior International Correspondent and “The Global Lawyer” columnist for The American Lawyer and the ALM media group. His writes widely on human rights and corporate accountability, international arbitration, and global multiforum disputes. His e-book on Chevron will be published next year by Amazon. His first post can be found here.] I’m grateful for the very gracious and insightful comments shared by the eminent arbitrator Christoph Schreuer, the scourge of eminent arbitrators Muthucumaraswamy Sornarjah, and the wunderkind of arbitration scholarship, Anthea Roberts. Having solicited a wide...

...Contemporary Jerusalem. Princeton, NJ: Princeton University Press, 1991. *Rose, John. The Myths of Zionism. London: Pluto Press, 2004. *Saad-Ghorayeb, Amal. Hizbu’llah: Politics and Religion. London: Pluto Press, 2002. *Said, Edward W. The Question of Palestine. New York: Vintage Books, 1979. *Said, Edward W. The End of the Peace Process: Oslo and After. New York: Vintage Books, 2001 ed. *Said, Edward W. and Christopher Hitchens, eds. Blaming the Victims: Spurious Scholarship and the Palestinian Question. London: Verso, 1988. *Sayigh, Yezid. Armed Struggle and the Search for State: The Palestinian National Movement,...

Although Julian and I continue to disagree about the merits of the arrest warrant against Bashir, we agree on one thing: Obama’s response to the expulsion of the humanitarian-aid groups has been appallingly weak. I’m not surprised — I never bought into the cult of Obama, particularly its naive belief that his foreign policy and national-security policy would be fundamentally different than Bush’s — but I am still disappointed. I had intended to write a longer post criticizing Obama’s inaction on Darfur, but I don’t think I can put it...