In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

20 Nov

Over at Lawfare, I have posted a brief review of three books on international law, war, and counterterrorism, with a particular focus on the changing shape of counterterrorism through drone warfare and targeted killing. These are all excellent books and I commend them to the scholarly community. Noam Lubell, Extraterritorial Use of Force Against Non-State Actors (Oxford 2010) Kimberley N. Trapp, State Responsibility for International Terrorism (Oxford 2011) Hew Strachan and Sibylle Scheipers, The Changing Character of War (Oxford 2011)...
20.11.11 | |

22 Jan

Calls for Papers Call for Papers and Book Reviews for the Irish Yearbook of International Law: An annual, peer reviewed publication, the Irish Yearbook of International Law, is committed to the publication of articles of general interest in international law as well as articles that have a particular connection to, or relevance for, Ireland. The Yearbook is edited by Richard Collins (QUB), James Gallen (DCU), and Bríd Ní Ghráinne (Maynooth University), is published by Hart-Bloomsbury and is also available on HEIN Online. The Editors are currently welcoming book review proposals...
22.01.23 | |

03 Oct

[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...
03.10.13 | |

03 Mar

...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...
03.03.22 | |

02 Oct

...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,...
02.10.13 | |

21 Aug

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...
21.08.07 | |

02 Oct

...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....
02.10.13 | |

02 Oct

...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...
02.10.13 | |

03 Oct

...the latter, via renvoi (see also A. Gourgourinis, ‘Lex Specialis in WTO and Investment Protection Law’, German Yearbook of International Law 53 (2010): 591). Accordingly, tribunals did not deal (and needed not deal) with the question of existence state practice and opinio juris regarding MST, but rather sought to answer the question regarding the content of FET (and, by implication, MST). Hence, arbitral tribunals called upon to interpret and apply FET clauses reflecting MST have advanced the position that the content of MST is not static. I do not see...
03.10.13 | |

14 Mar

[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...
14.03.12 | |

13 Aug

unilateral declarations, internal regulations, and bilateral agreements issued by armed groups. Equivalent material emanating from states parties to conflicts is also considered. The book is thus an essential reference point for the law and practice of non-international armed conflicts. I have only read bits and pieces of the book — which is now at the top of my wish list (along with my camera/GPS Swatch) — but Sandy’s work on IHL is always careful, thorough, and convincing. I predict that the book will be required reading for years to come....
13.08.12 | |

04 Oct

...to challenge regulatory efforts aimed at reducing greenhouse gases. Since these policies often impose costs on particular investors e.g. by regulating the use of land or by increasing manufacturing costs, they may expose states to investment claims under an IIA. In response, states have sought to create space for green policies in their IIAs. Some agreements include a reference to the objective of combating climate change in the preamble of the agreement. Others include climate change related exceptions into the treaty text. Some treaties also have references to multinational environmental...
04.10.13 | |