Search: Affective Justice: Book Symposium: A Response

[Rob Howse is the Lloyd C. Nelson Professor of International Law at NYU and is guest blogging this week here at Opinio Juris. His first post can be found here; his second, here and his third here.] Today at NYU law we are having a panel discussion, and celebration, of my colleague Liam Murphy’s recent book, What Makes Law Law? (I’ll be racing down from Fordham University, where I’m talking about my own book, Leo Strauss Man of Peace). Liam’s work is important for international legal scholars, because-despite many good...

...or individuals in (or even outside) their territory (e.g. a country forcing Facebook to hand over certain data or “spying” on data transferred over the internet). Are today’s WTO rules able to reign in these two types of government interventions with the toolbox of either rules on “trade in goods” or “trade in services”? Prof. Chander calls for two broad principles: technological neutrality and dematerialization, both basically stating that governments should, in principle, not make a distinction between trade that happens online (brick & mortar) and trade that happens offline....

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...

[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...

I am delighted to announce that Oxford University Press has just published a paperback edition of my book, The Nuremberg Military Tribunals and the Origins of International Criminal Law. The paperback is priced at a very reasonable £25 — £45 cheaper than the hardback. Here again is the description: This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a...

[Ankit Malhotra is reading his LLM at SOAS as the Felix Scholar and is the co-editor of the recently published book “Reimagining the International Legal Order.” ] It is always a pleasure and honour to read the work of Professor Gerry Simpson. His new magnum opus, “The Sentimental Life of International Law” is no exception. That is because his vivid portrait explores the intricacies of international law and international lawyers in a manner that is easily accessible to every reader. What is truly remarkable is to be able to reflect...

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....

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...

...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...

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...