Search: Affective Justice: Book Symposium: A Response

[Chester Brown is Associate Professor at the Faculty of Law, University of Sydney] Thanks to Professor Cheng for his thoughtful response. As a follow-up comment, this discussion should not conclude without mention of another hard case, being the International Court of Justice’s advisory opinion in Legality of the Threat or Use of Nuclear Weapons. In its advisory opinion of 8 July 1996, the ICJ (in)famously held that in view of the current state of international law, and of the elements of fact at its disposal, the Court cannot conclude definitively...

[Rob Howse is the Lloyd C. Nelson Professor of International Law at NYU and is guest blogging this week here at Opinio Juris. His first post can be found here; his second, here and his third here.] Today at NYU law we are having a panel discussion, and celebration, of my colleague Liam Murphy’s recent book, What Makes Law Law? (I’ll be racing down from Fordham University, where I’m talking about my own book, Leo Strauss Man of Peace). Liam’s work is important for international legal scholars, because-despite many good...

...or individuals in (or even outside) their territory (e.g. a country forcing Facebook to hand over certain data or “spying” on data transferred over the internet). Are today’s WTO rules able to reign in these two types of government interventions with the toolbox of either rules on “trade in goods” or “trade in services”? Prof. Chander calls for two broad principles: technological neutrality and dematerialization, both basically stating that governments should, in principle, not make a distinction between trade that happens online (brick & mortar) and trade that happens offline....

Complex Terrain Laboratory, where several OJ people sometimes participate, is hosting an online discussion next week on PW Singer’s new book on robotics and war, Wired for War. We have mentioned this book in the past, and OJ has a number of posts on battlefield robotics in the last year or so. Singer is participating in the CTLab symposium and, having read his opening post, it looks to be fascinating. It is a terrific lineup of participants. That said, let me comment on why robotics is important to discussions here...

I am delighted to announce that Oxford University Press has just published a paperback edition of my book, The Nuremberg Military Tribunals and the Origins of International Criminal Law. The paperback is priced at a very reasonable £25 — £45 cheaper than the hardback. Here again is the description: This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a...

Thanks to everyone for what has been a very enriching discussion so far. I’d like to respond briefly to the thoughtful comments made by Peggy and Chris concerning what the story of these modern interwar years between 11/9 and 9/11 tells us about how to think about America’s role in the world – and whether that can be summed up in a simple phrase. It is quite right that, as we admitted at the outset, this book is in part an intellectual history of how Washington policymakers, politicians and intellectuals...

...and justice: he demonstrates the absurdity of international criminal law’s quest to ‘discover precedents of the unprecedented’ because the legalist attachment to analogy co-exists with the declaration that certain forms of atrocious violence neither have nor require any precedent. “In an uncertain, bootstrapping move, the atrocity that has never been experienced before must….be situated in a trajectory of juridical activity in response to analogous historical acts”. (92) Yet that trajectory erases both certain forms of violence and past practices of law. For the sake of legality, there must be a...

greatest of American values: freedom. The book has earned considerable critical acclaim — including being named one of the Top 10 non-fiction books of 2005 by the Kirkus Review — and is being adapted into a movie for Warner Brothers by Michael Seitzman, the screenwriter of last year’s North Country. BBC TV is also doing a major story on the book next week, so check your local listings! The book is available here, and anyone who is interested in getting in touch with Brandt should feel free to e-mail me....

[Ankit Malhotra is reading his LLM at SOAS as the Felix Scholar and is the co-editor of the recently published book “Reimagining the International Legal Order.” ] It is always a pleasure and honour to read the work of Professor Gerry Simpson. His new magnum opus, “The Sentimental Life of International Law” is no exception. That is because his vivid portrait explores the intricacies of international law and international lawyers in a manner that is easily accessible to every reader. What is truly remarkable is to be able to reflect...

of brutality that one finds in the American way of war (think of the mass fire-bombings of civilian targets in World War II); God and Gold also addresses these issues from time to time (particularly when it comes to Ireland), but neither book attempts to give anything like a comprehensive account of the wrongs done by either the British or their American cousins. Excellent books have been written on these subjects and more will no doubt follow; God and Gold like Special Providence is a book about how the system...

how the book can inform the debate on international organizations, and Rachel Brewster welcomed the book’s insights on the influence of international law on national politics. Katerina’s response is here. On the final day of the symposium, Pierre Verdier asked whether the mechanism of policy diffusion would also apply in other areas of international law and policy co-ordination; Harlan Cohen reflected on the book’ conclusions and implications; and Roger raised the question about the role of courts in the diffusion process. Katerina’s final response is here. The symposium also tied...

...faithful adherence to the basic rules of treaty interpretation, when it comes to article 17 of the Statute we seem to want something different? The struggle to find an answer to this riddle underlies Christian De Vos’s review of the Court’s case law and practice. His book offers a kaleidoscopic review of the many implications of the ICC’s jurisprudence and the impact or perceptions it has generated, and the extent to which it has helped or inhibited the catalytic potential of complementarity. De Vos appears to take a more nuanced...