Search: Affective Justice: Book Symposium: A Response

The book was in English. The publisher was Dutch. The reviewer was a distinguished German professor. The review was published on a New York website. Beyond doubt, once a text or image go online, they become available worldwide, including France. But should that alone give jurisdiction to French courts in circumstances such as this? Does the fact that the author of the book, it turned out, retained her French nationality before going to live and work in Israel make a difference? Libel tourism – libel terrorism to some — is...

...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...

...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...

...will hold a live online launch of the fourth volume of the Nuremberg Academy Series, entitled Integrity in International Justice, edited by Professor Morten Bergsmo and Dr. Viviane E. Dittrich on 2 February 2021 at 14:00-15:30 CET. The recently published book is the first book-length publication to analyse integrity in international justice comprehensively. Integrity in International Justice is a timely contribution to the field, particularly considering recent developments such as State sanctions imposed against international institutions officials, the release of the Independent Expert Review of the International Criminal Court (‘ICC’),...

paying more attention to the commander’s obligations to their subordinates.  These points are offered as a way of applauding the generative nature of Justice in Extreme Cases.  I have touched on only a small part of the book, but even that small part, like the rest of the work, offers a set of rigorous arguments and elucidating examples that ultimately demonstrate the fruitful relationship between international criminal law and criminal theory and open up avenues for continued exploration and opportunities for reform.  Both fields are enriched by this important book....

[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...

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....

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...

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)...

...treaties among SADC Members – thereby imitating the model of the Court of Justice of the European Union. A particular feature is that it allows individuals to bring cases under certain circumstances. What was so special in the mentioned decision is that the tribunal had to address the issue of expropriation without being able to apply the rules on foreign direct investment (FDI) that have been negotiated in the meantime among SADC members. In the absence of such applicable rules the tribunal used the general reference to human rights in...

[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...

[Robert Howse is the Lloyd C. Nelson Professor of International Law at NYU School of Law] When International Law Works is a wide-ranging work with many important and original claims and arguments. Particularly congenial is the approach that the real world effects of international law be examined not through narrow studies of rule “compliance” but in a manner that takes into account the importance of the moral meaning(s) of international law. Professor Cheng’s colleague Ruti Teitel and I have pleaded for such a broader approach-transcending the fact/value distinction...