Search: Affective Justice: Book Symposium: A Response
23 Aug Symposium on The Sentimental Life of International Law: On Intimacy and Distance
...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...
03 Mar Unilateral and Extraterritorial Sanctions Symposium: Enforcing Human Rights – The Dilemma Between Sanctions’ Effectiveness and Their Legality
...examples. As Ioannis Prezas acknowledges (chapter 22, 387) there is often an assumption that unilateral coercive measures have an adverse impact on the enjoyment of human rights by the populations of the targeted States. In this context, the book under review sheds much needed light on the normalisation of unilateral coercive measures in international relations despite (or perhaps because) of the limited applicable legal framework and its political divisiveness. In relation to international human rights, the relevant chapters of the book deliver unique insights on current political debates, legal...02 Oct Book Symposium Investment Law: Comments on Gleider I. Hernandez
...investment law. Obviously, there are some dangerous consequences to such an approach. Investments may be most in need of protection and the very moment that humanitarian law is triggered. Moreover, if humanitarian law displaces investment law does it also displace other subfields of law such as human rights law? Derek Jinks, among others, has argued compellingly against just such a conclusion. Ultimately, these questions merit further consideration than this brief response can allow. Finally, again as Andreas von Staden and I have argued elsewhere, there is reason to think that,...21 Aug Online Symposium: Introduction to Part II of
As we have discussed, Part I of Posner and Vermeule’s book offered broad theoretical justifications for the historical deference that courts have afforded the executive in times of emergency, and rebutted systemic arguments of civil libertarians. In Part II of their book, Posner and Vermeule apply their tradeoff thesis to specific contexts. They emphasize that they do not endorse or criticize any particular counterterrorism measure used by the Bush administration. Rather they address the larger contextual question of the need for government to make tradeoffs, affirm the historical view that...02 Oct Book Symposium Investment Law: International Criminal Responsibility of Transnational Corporate Actors Doing Business in Zones of Armed Conflict
...number of aspects regarding the definition of “aiding and abetting” differ when compared between the UN ad hoc Tribunals, the Special Court for Sierra Leone and the ICC (these aspects are highlighted in further detail in the article). In conclusion, international awareness fosters that corporate actors involved in business within zones of ongoing armed conflict often fuel and exacerbate these conflicts. It is now time to adjust the system of international criminal justice to the modern landscape of perpetrators of the worst crimes in armed conflict – including corporate actors....02 Oct Book Symposium Investment Law: Comments on Ambach
...an interesting and well thought through contribution by Dr Ambach which provides a very useful route into this important arena of international law for both the scholar and practitioner alike. He, in my view, rightly concludes that it is time to adjust the system on international criminal justice to the ‘modern landscape of perpetrators of the worst crimes in armed conflict’. This is a proposition difficult to argue against at any level. The reticence of some States to move this area of law forward in a decisive common international endeavour...03 Oct Book Symposium Investment Law: International Investment Law and Trade – The Relationship that Never Went Away
[Dr Mary E. Footer is Professor of International Economic Law at the University of Notthingham, School of Law.] The relationship between international investment law and trade has been a constant, if not consistent, one throughout the history of international economic relations. Drawing on the evolution of these two areas of economic activity over the course of six decades, this relationship is examined with a view to understanding its historical and contextual antecedents. The same relationship is also explored from a contemporary perspective. On the one hand, there are...18 Jun Curtis Bradley on Benjamin Wittes’ Law and the Long War
alike. He also seeks to move the debate beyond formal arguments about what is and what is not allowed under existing law toward consideration of a new legal regime that would provide the government with needed flexibility while protecting individual liberties. I am sure that this is an essay–and a book–that will interest many Opinio Juris readers. So check out the essay (if not the book) and start thinking-up some comments as Ben Wittes and others will be joining us next month for an Opinio Juris symposium on his book....14 Mar Cheng Book Roundtable: Professor Howse Responds to Professor Cheng
[Robert Howse is the Lloyd C. Nelson Professor of International Law at NYU School of Law] When International Law Works is a wide-ranging work with many important and original claims and arguments. Particularly congenial is the approach that the real world effects of international law be examined not through narrow studies of rule “compliance” but in a manner that takes into account the importance of the moral meaning(s) of international law. Professor Cheng’s colleague Ruti Teitel and I have pleaded for such a broader approach-transcending the fact/value distinction...