Search: Affective Justice: Book Symposium: A Response

making the capacity of the group to adhere to GCIII obligations a consideration that cannot so easily be batted away? I would be interested to hear Mačák’s thinking here. Conclusion The best books are those which start conversations and debates, and I welcome the opportunity to be able to solicit Mačák’s thoughts on these issues – which are only two small points in a rich sea of analysis. From one Pictet-ist to another, I would like to congratulate him as his book is certainly a great addition to the literature....

My general view is that critical book reviews are much more interesting than positive ones (unless it is of my own book, that is). And so I read with great interest George Mason Law Professor Jeremy Rabkin’s takedown of Kathryn Sikkink’s new book “The Justice Cascade: How Human Rights Prosecutions are Changing World Politics.” The Sikkink book argues, through an empirical study, that human rights prosecutions are having an important effect on changing international politics. Rabkin’s criticism of the Sikkink “Justice Cascade” thesis, especially her choice of data and her...

...it had become imperative to prevent aggressive war (use of force) through the rule of law.While not all that is contained in the chapter is new (some of the same territory is covered, for example, in Oona Hathaway and Scott Shapiro’s book, The Internationalists ), the background is central to understanding the use of force regime in the Charter and the book would be incomplete without it.   The chapter additionally examines some open questions—what one might call “grey areas”—in the Charter regime and customary international law, particularly related to the...

...don’t seem to have felt much obligation other than simply to repeat opinions from past years, rather than actually engage with the memoir on its own terms (call me cynical, but as a long-time book reviewer, let’s say I’m not persuaded that all the reviewers have read more than a few of the most controversial chapters of the book — lightly). Hanson, by contrast, is defending Cheney, and reads the memoir more sympathetically but also far more closely. In the end, agree or disagree either with Hanson or with Cheney,...

approach of Limits. First, the book largely ignores the effect of international human rights legal institutions (e.g., ad hoc and permanent courts) on a range of state and individual behavior. Second, by focusing almost exclusively on interstate behavior and international political institutions, Goldsmith and Posner fail to examine the domestic dimension of human rights compliance. Third, by minimizing the role of individuals, NGOs, corporations, and other non-state actors, the book paints a distorted picture of the current processes through which human rights norms are elaborated and enforced. Fourth, the book...

...that my area was ‘heavily published in’ (OUP) or that my work was ‘not within [the publisher’s] commissioning interests’ (CUP).  I have witnessed other female colleagues face similar challenges with OUP and/or CUP. Meanwhile, white male colleagues continue to publish their work in the same or similar areas with both publishers. Examples include Patrick Labuda’s book ‘In the Court’s Shadow: International Criminal Tribunals and Domestic Accountability’, Barrie Sanders’ new book ‘Doing Justice to History: Confronting the Past in International Criminal Courts’, and my personal friend Antonio Coco’s forthcoming book ‘The...

...to publish the two extraordinary books Saif wrote on civil society and democratic reform in the developing world, will presumably now cancel publication. Barber is probably correct in predicting that Oxford will back down from publication. But is that necessarily the right decision? The junior Gaddafi’s study sounds pretty useful to anyone interested in nonstate actors. It’s not every academic study that has The Monitor Group on board crunching the data! Although Oxford could no longer count on a large bulk sale, it would surely sell better than average for...

...or beyond, etc. – at this moment there are two key sources. One is Woodward’s new book. I took a pause out of writing some stuff on these topics to read the book; events unfolding now appear quite directly to follow on the path laid out in the President’s review of Afghanistan and Pakistan strategy a year ago. This is the main narrative of the book, and well worth reading closely. There’s little going on now that is not presaged in those discussions. And current events are both following a...

[John Parry is the Associate Dean of Faculty and Edward Brunet Professor of Law at the Lewis & Clark Law School. This is the fourth post in our symposium this week on treaty supremacy.] David Sloss’s fantastic new book restores order and sanity to the confusion that pervades constitutional doctrine on the status of treaties. The great achievement of this book is its insistence on clear thinking about treaties and their interaction with federalism (supreme law of the land or not?) and separation of powers (who implements a treaty?). Where...

Our main event this week was a book symposium on Curtis Bradley’s new book “International Law in the US Legal System“. On the first day, the symposium focused on treaties with comments by David Moore and Jean Galbraith. Attention turned to international delegations on day two. Julian welcomed the book’s attention to questions of constitutional structure, but disagreed that accession to the International Criminal Court would not create delegation problems. Kristina Daugirdas asked whether the presumption of non-self-execution as a solution to questions of delegation could make it harder for...

[Eugene Kontorovich is a Professor at Northwestern University Pritzker School of Law. This post is part of an ongoing symposium on Professor Aeyal Gross’s book The Writing on the Wall: Rethinking the International Law of Occupation (CUP, 2017).] Prof. Gross’s excellent book The Writing on the Wall: Rethinking the International Law of Occupation presents a normative synthesis of international humanitarian and international human rights law design to provide an occupation law regime acutely focused on protected persons and the ensuring that the temporariness of the occupation. Gross’s honest embrace of...

[Kathleen Claussen is a Legal Counsel at the Permanent Court of Arbitration. The views expressed in this post are those of the author only and do not reflect any view of the Permanent Court of Arbitration or its staff.] Vid Prislan’s chapter on non-investment-treaty obligations in investment treaty arbitration tackles a common issue in tribunal decisionmaking that has not been fully theorized or understood. His work advances that effort by examining ways in which tribunals take account of non-investment-treaty obligations and by acknowledging that these methods may be...