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Search: Affective Justice: Book Symposium: A Response

29 Jun

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...
29.06.13 | |

06 Aug

...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...
06.08.20 | |

29 Jan

Many thanks to Peter, Kal and Scott for their very thoughtful comments. As Peter notes, The Art and Craft of International Law focuses more on process and design than on doctrinal issues. Whether or not he is correct that international environmental law lacks common principles or norms that give it substantive coherence, the premise of my book is that it can be studied coherently from a process standpoint. Peter, Kal and Scott all focus on what makes international environmental law effective. Peter emphasizes the role of social learning, and I...
29.01.10 | |

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 | |

23 Aug

...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...
23.08.23 | |

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 | |