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...

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...

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...

...the Economic and Social Fields (H/T to the inimitable Hayes Brown and his UN blog.) I haven’t been blogging much on account of some family stuff, but … this is why You Need to Read My Book, Living With the UN: American Responsibilities and International Order. Among other things, the book recommends that the US simply skip all the UN conference roadshows and urge instead that their matters be taken up in the course of ordinary business. (I’ve posted the first three chapters as a sample up at SSRN, here.)...

...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...

...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...

...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...

[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...

...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...

[Karolina Aksamitowska is a Swansea University Research Excellence Scholar at the Hillary Rodham Clinton School of Law, Swansea University, Wales, UK.] The book that is the focus of this symposium, Ensuring Respect for International Humanitarian Law, is an important contribution to international law and practice. Generating respect for international humanitarian law (IHL) is one of the most difficult challenges faced by humanitarian actors nowadays and the book edited by Eve Massingham and Annabel McConnachie constitutes essential reading for academics and practitioners wishing to understand the many different aspects of the...