Search: Affective Justice: Book Symposium: A Response

[James A. Green is Professor of Public International Law at the University of the West of England, Bristol, UK ,co-rapporteur of the International Law Association’s Use of Force Committee and a former editor-in-chief of the Journal on the Use of Force and International Law . His most recent book is Collective Self-Defence in International Law (CUP, 2024).] Pål Wrange once wrote that the meaning of prohibited ‘force’ was “the subject of controversy par excellence in international law.” The question of what exactly Article 2(4) UNC (and its customary international law...

Thanks to everyone for what has been a very enriching discussion so far. I’d like to respond briefly to the thoughtful comments made by Peggy and Chris concerning what the story of these modern interwar years between 11/9 and 9/11 tells us about how to think about America’s role in the world – and whether that can be summed up in a simple phrase. It is quite right that, as we admitted at the outset, this book is in part an intellectual history of how Washington policymakers, politicians and intellectuals...

greatest of American values: freedom. The book has earned considerable critical acclaim — including being named one of the Top 10 non-fiction books of 2005 by the Kirkus Review — and is being adapted into a movie for Warner Brothers by Michael Seitzman, the screenwriter of last year’s North Country. BBC TV is also doing a major story on the book next week, so check your local listings! The book is available here, and anyone who is interested in getting in touch with Brandt should feel free to e-mail me....

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...

of brutality that one finds in the American way of war (think of the mass fire-bombings of civilian targets in World War II); God and Gold also addresses these issues from time to time (particularly when it comes to Ireland), but neither book attempts to give anything like a comprehensive account of the wrongs done by either the British or their American cousins. Excellent books have been written on these subjects and more will no doubt follow; God and Gold like Special Providence is a book about how the system...

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...

The American Society of International Law recently awarded its annual certificates and prizes for scholarship in international law. A number of the winners have either been involved in OJ symposia or are friends of the blog, so I want to acknowledge their achievements here: Certificate of Merit in a specialized area of international law: Mark Osiel, “The End of Reciprocity: Terror, Torture, and the Law of War” (Cambridge Univ. Press 2009). Francis Deák Prize: Jacob Katz Cogan, “Representation and Power in International Organization: The Operational Constitution and Its...

[Moshe Hirsch is Professor of International Law at the Hebrew University of Jerusalem Faculty of Law.] Sociology of international law involves the study of how social factors influence the development and enforcement of international law. As elaborated below, sociological analysis casts a new light on a significant dimension of the relationships between different branches of international law, and enriches our understanding of social factors involved in in legal decision-makers’ inclination to incorporate or reject legal rules developed in other branches of international law. This chapter aims to analyze...

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....

...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...

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....

...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...