Search: Affective Justice: Book Symposium: A Response

[Vid Prislan is a Research Fellow PhD-candidate at the Grotius Centre for International Legal Studies of Leiden University] First of all, I would like to thank the editors of Opinio Juris for providing me with the opportunity to briefly present the arguments which I raise in my chapter in Investment Law within International Law: Integrationist Perspectives. My chapter deals very broadly with the issue of non-investment obligations in investment treaty arbitration. It does so by exploring how investment tribunals can consider (and take into account) arguments based on...

[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...

...black hole thinking as a perversion of the past. Peter seems to see such thinking as instead a throwback to more nakedly lawless era, one we have increasingly escaped. Finally, Bill Dodge makes two core points in his introductory post. His first, that there are really 3 phenomena at play in the book, is largely right in my view. In the introduction, I distinguish between “policing,” “protecting,” and “projecting” as three ways American can operate extraterritoriality. I probably should have emphasized this trope more throughout the book. That said, at...

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...

define it. Read the complete live press release here. The Fourth Volume of the Nuremberg Academy Series ‘Integrity in International Justice‘: The International Nuremberg Principles Academy has published the latest volume of the Nuremberg Academy Series, a book entitled Integrity in International Justice, edited by Morten Bergsmo and Viviane E. Dittrich. This is the first book to comprehensively analyse integrity in international justice. Thirty-three chapters discuss in-depth the meaning of integrity, awareness and culture of integrity, the roles of international organizations and states as well as international courts in enhancing...

with my response here. I hope our readers enjoyed our first joint book discussion. As part of our joint Opinio Juris/EJIL: Talk! symposia, Oxford University Press has offered to give readers a 20% discount on each book. To purchase The Nuremberg Military Tribunals and the Origins of International Criminal law, click here. When you add the book to your OUP basket, the 20% discount will automatically be deducted. The discount is good until 31 January 2012. We will post a similar link for Marko’s book when we host that discussion....

Although it is mentioned briefly, Kal’s book does not address cyber-territoriality in detail. I take Kal at his word that there will be no sequel. But I think the history and framework Kal provides may be useful in assesssing efforts to manage cyber-territoriality. I should note that I generally agree with Kal that exceptionalist claims that cyberspace has “flattened” the world and undermined territorial sovereignty are overstated (pp. 8-9). In their book, Who Controls the Internet?, Jack Goldsmith and Tim Wu present a compelling argument that geography and territory remain...

[Laurence Boisson de Chazournes is Professor of international law at the Faculty of Law of the University of Geneva, Switzerland]. In her chapter, Freya Baetens notes that it is necessary to scrutinize “how concepts, principles and rules developed in the context of other sub-fields could (or should) inform the content of investment law.” This scrutiny is well-deserved, as the interrelations of other bodies of norms with the corpus of norms related to investment law have gained traction but remains ambiguous. The notion of cross-fertilization and that of legal...

[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...

[Philip Allott is Emeritus Professor of International Public Law at the University of Cambridge.] Interpretation of any text – religious, political, historical, scientific, literary, artistic, legal – raises profound philosophical problems. Interpretation of a legal text is in a class of its own, because it can have direct and substantial social effects, determining people’s lives. The philosophy of legal interpretation is the philosophy of a fundamental aspect of social existence. The philosophical problems of interpretation stem from the fact that interpretation is a re-presentation of a presentation of...

[Nicolas Hachez is a PhD student at the institute for International Law and Leuven Centre for Global Governance Studies and Jan Wouters is Professor of International Law and International Organizations, Jean Monnet Chair Ad Personam EU and Global Governance, and Director of the Leuven Centre for Global Governance Studies and Institute for International Law at the University of Leuven (KU Leuven).] This chapter, entitled ‘International investment dispute settlement in the twenty-first century: does the preservation of the public interest require an alternative to the arbitral model?’ takes a...

[At the time of conceptualizing this post, Iris Mueller was a thematic legal adviser in the ICRC legal division, working mostly on customary IHL. Previously, she was a legal adviser on the update of the ICRC commentaries on the 1949 Geneva Conventions and 1977 Additional Protocols. She continues to work for the ICRC in a legal capacity.] The regulation of non-international armed conflicts by international humanitarian law (IHL) may seem evident today. Giovanni Mantilla’s book “Lawmaking under pressure – International Humanitarian Law and Internal Armed Conflict” provides a stark reminder that,...