Search: Affective Justice: Book Symposium: A Response

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)...

In all the amused press notices about George Washington’s (very) overdue library books, one small detail is worth noting. The library’s ledgers show that Washington took out the books on 5 October 1789, some five months into his presidency at a time when New York was still the capital. They were an essay on international affairs called Law of Nations and the twelfth volume of a 14-volume collection of debates from the English House of Commons. (Emphasis added). Actually, the “Law of Nations” as most of our readers know, is...

...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...

introduces readers to other countries’ views on issues such as jurisdiction, immunities, and related considerations in the conduct of foreign policy. A new concluding chapter reflects on key challenges and opportunities for today’s international lawyers, including managing global pandemics, regulating cyberspace, and addressing global inequality. Many of us have used this book as a supplement, a primer, or even as a core textbook to be read in conjunction with primary source materials. If you would like to pre-order or request a complementary copy of the book, here is the link....

[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...

a ‘courtroom’ should look like and intentionally refuse to transition towards liberal market capitalism. (See Marcos Zunino, Justice Framed). In sum, then, for me one broader takeaway of Jalloh’s book is methodological in nature. Where should ‘we’ look? With whom should ‘we’ engage? Who is the ‘we’? Does the world really need yet another ‘qualitative methods’ doctoral dissertation that interviews Hague lawyers at the ICC, ICTY, and ICTR? That defoliates some other arcane detail of the ICC’s Rome Statute? Perhaps the time has come to foster a more complete and...

...black hole thinking as a perversion of the past. Peter seems to see such thinking as instead a throwback to more nakedly lawless era, one we have increasingly escaped. Finally, Bill Dodge makes two core points in his introductory post. His first, that there are really 3 phenomena at play in the book, is largely right in my view. In the introduction, I distinguish between “policing,” “protecting,” and “projecting” as three ways American can operate extraterritoriality. I probably should have emphasized this trope more throughout the book. That said, at...

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...

with my response here. I hope our readers enjoyed our first joint book discussion. As part of our joint Opinio Juris/EJIL: Talk! symposia, Oxford University Press has offered to give readers a 20% discount on each book. To purchase The Nuremberg Military Tribunals and the Origins of International Criminal law, click here. When you add the book to your OUP basket, the 20% discount will automatically be deducted. The discount is good until 31 January 2012. We will post a similar link for Marko’s book when we host that discussion....

Although it is mentioned briefly, Kal’s book does not address cyber-territoriality in detail. I take Kal at his word that there will be no sequel. But I think the history and framework Kal provides may be useful in assesssing efforts to manage cyber-territoriality. I should note that I generally agree with Kal that exceptionalist claims that cyberspace has “flattened” the world and undermined territorial sovereignty are overstated (pp. 8-9). In their book, Who Controls the Internet?, Jack Goldsmith and Tim Wu present a compelling argument that geography and territory remain...