Search: Affective Justice: Book Symposium: A Response
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...
14 Jul Intervention in Civil Wars Symposium: Representatives of their Own Peoples–From National Liberation Movements to Opposition Groups
book is divided into three main parts looking at the evolution of the notions of sovereignty, intervention, and human rights (Part I), the interventions in favour of governments (Part II), and the interventions in favour of opposition groups (Part III). Since my area of research has focused on armed opposition groups, I am going to restrict my comments to some of the questions discussed in Part III of the book. One particular issue I find fascinating is the examination of the legitimacy of rebels in international law (in Chapter 6)....
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...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 Dec Symposium: On Territoriality, Power, and Influence–A Review of John Heieck’s A Duty to Prevent Genocide: Due Diligence Obligations Among the P5
[Mohamed S. Helal is an Assistant Professor of Law, Moritz College of Law & Faculty Affiliate, Mershon Center for International Security Studies – The Ohio State University.] Introduction Dr. John Heieck’s A Duty to Prevent Genocide: Due Diligence Obligations Among the P5 is a lucid, well-argued, and extensively researched book. It is essential reading for academics and practitioners who have an interest in various areas of Public International Law, including jus ad bellum, international criminal law, and state responsibility. The core argument of this book is that all states are...24 Jun Linos Book Symposium: Comments by David Zaring
...a long way towards convincing me, but there are some other implications and cavils worth noting: I view this as an (already!) seminal contribution to how comparative law and the transplant process works. But the book has important prescriptions for international law as well, as Linos shows in her conclusion. For one thing, it justifies the efforts to pass global conventions, even nonbinding ones pointing to best practices: endorsements from international organizations can leverage political support for world-bettering policies. Second, where some view international law as rather undemocratic, the story...10 Dec Interview: Martti Koskenniemi on International Law and the Rise of the Far-Right
...the things that my readers already know are true. But above all, I am just writing a history of international law (laughs). Is your new book a response to your oeuvre? Is it a continuation of how you were thinking before? We are the narrators of our lives but not the final authorities on them. Other people narrate our lives differently, and maybe with more insight. I am older than I was with those previous books, and old men write history (all laugh). But the first book was a really...
24 Apr Symposium: The Responsibility to Protect in Libya and Syria–Reflections
[Yasmine Nahlawi is an independent researcher specialising in R2P and its applicability to the Syrian and Libyan conflicts. She holds a PhD in Public International Law from Newcastle University, LLM in International Legal Studies from Newcastle University, and BSc in Political Science from Eastern Michigan University.] I would like to begin my response post by expressing my deepest gratitude to the distinguished reviewers of my book, Shannon Raj Singh, Anjali Manivannan, and Jessica Peake, for bringing in their diverse and insightful perspectives while reviewing ‘The Responsibility to Protect in Libya...