Search: Affective Justice: Book Symposium: A Response

approach of Limits. First, the book largely ignores the effect of international human rights legal institutions (e.g., ad hoc and permanent courts) on a range of state and individual behavior. Second, by focusing almost exclusively on interstate behavior and international political institutions, Goldsmith and Posner fail to examine the domestic dimension of human rights compliance. Third, by minimizing the role of individuals, NGOs, corporations, and other non-state actors, the book paints a distorted picture of the current processes through which human rights norms are elaborated and enforced. Fourth, the book...

making the capacity of the group to adhere to GCIII obligations a consideration that cannot so easily be batted away? I would be interested to hear Mačák’s thinking here. Conclusion The best books are those which start conversations and debates, and I welcome the opportunity to be able to solicit Mačák’s thoughts on these issues – which are only two small points in a rich sea of analysis. From one Pictet-ist to another, I would like to congratulate him as his book is certainly a great addition to the literature....

[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...

...to publish the two extraordinary books Saif wrote on civil society and democratic reform in the developing world, will presumably now cancel publication. Barber is probably correct in predicting that Oxford will back down from publication. But is that necessarily the right decision? The junior Gaddafi’s study sounds pretty useful to anyone interested in nonstate actors. It’s not every academic study that has The Monitor Group on board crunching the data! Although Oxford could no longer count on a large bulk sale, it would surely sell better than average for...

...or beyond, etc. – at this moment there are two key sources. One is Woodward’s new book. I took a pause out of writing some stuff on these topics to read the book; events unfolding now appear quite directly to follow on the path laid out in the President’s review of Afghanistan and Pakistan strategy a year ago. This is the main narrative of the book, and well worth reading closely. There’s little going on now that is not presaged in those discussions. And current events are both following a...

...beyond the state. Marc Plattner has a fine new book out, Democracy Without Borders: Global Challenges to Liberal Democracy. As Plattner states on the page 3, “Very crudely stated, the contention of this book is that we cannot hope to enjoy liberalism (at least in today’s world) unless it is accompanied by democracy, and we cannot enjoy liberal democracy outside the framework of the nation-state.” Later in the book on Page 107, Plattner quotes political scientists Juan Linz and Alfred Stepan as follows: “Without a state, they argue, “no modern...

[Fuad Zarbiyev is an Associate in the International Arbitration Group of Curtis, Mallet-Prevost, Colt & Mosle LLP.] The interpretation discourse in modern international law is dominated by a textualist paradigm. This claim may seem empirically wrong if it is taken to mean that nothing other than eo nomine textual arguments features in the international legal discourse. After all, the interpretive regime set forth in the Vienna Convention on the Law of Treaties seems to put the terms, the context, and the object and purpose of the treaty on...

[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,...

[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...

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...