Search: Affective Justice: Book Symposium: A Response
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...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,...16 Sep IL/IR Book Discussion: Wanted- Dead or Alive: Realism in International Law
...a basis for attacking the feasibility of much of the normative work that espouses changing the status quo in international law. In IL, a field that remains driven largely by normative agendas, realists constantly raise annoying facts and analyses that spoil the party. Finally, realists don’t see nearly as much customary law in the world as most international lawyers who aspire to build a more legalized world order. What’s not to hate? This book chapter argues that realism remains very much alive, not only because international lawyers have kept it...21 Jun UNCLOS and the Continental Shelf: A Response to Steven Groves
...Authority (ISA) regulations, and effectively veto ISA financial plans with which the United States disagrees. U.S. acceptance of the LOS Convention would also help assure certainty and stability with respect to the extended continental shelf beyond 200 nautical miles from baselines. In response to my earlier post Mr. Groves focused on continental shelf resources, and my comment today explores continental shelf issues. When we consider oil and gas activities on the continental shelf, it is important to distinguish between, on the one hand, continental shelf boundary delimitations between neighboring states...
06 Jul Customary International Law Symposium: Response from David Stewart
...imagine it to be but does not reflect what CIL is “as a real-world sociological phenomenon.” Accurately understood, CIL is more unstable, fragmentary and disorderly than any rulebook would be. In the everyday practice of international law, she tells us, CIL “looks nothing like the rulebook conception.” It does not derive from intelligible and generally applicable secondary rules but instead emerges more organically, through an unstructured and “heterarchical” process in which the participants apply variable criteria to justify their normative positions in CIL. Its content is neither fixed nor...