In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

14 Mar

[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...
14.03.12 | |

13 Aug

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....
13.08.12 | |

04 Oct

...to challenge regulatory efforts aimed at reducing greenhouse gases. Since these policies often impose costs on particular investors e.g. by regulating the use of land or by increasing manufacturing costs, they may expose states to investment claims under an IIA. In response, states have sought to create space for green policies in their IIAs. Some agreements include a reference to the objective of combating climate change in the preamble of the agreement. Others include climate change related exceptions into the treaty text. Some treaties also have references to multinational environmental...
04.10.13 | |

04 Oct

[Andrea K. Bjorklund is the L. Yves Fortier Chair in International Arbitration and International Commercial Law at McGill University Faculty of Law, Canada] Mr. Alschner and Ms. Tuerk’s contribution very usefully highlights three areas where international investment law and sustainable development principles may intersect: climate change, industrial policy, and corporate social responsibility. This precision is particularly valuable given the less-than-concrete nature of the idea of “sustainable development”. Two common threads running through each section are the essential participation of the host state in fostering sustainable development and the...
04.10.13 | |

04 Oct

[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...
04.10.13 | |

04 Oct

...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...
04.10.13 | |

20 Nov

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)...
20.11.11 | |

18 Apr

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...
18.04.10 | |

24 Jan

...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’),...
24.01.21 | |

18 Jun

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....
18.06.08 | |

16 Sep

[Ian Hurd is an Associate Professor in Political Science at Northwestern University] Steinberg opens his chapter with the line that “realism is the theory that international lawyers love to hate.” But he goes on to present a version of realism that is so encompassing that there is little to disagree with. Realism, he says is about “the state, state power, and state interests” (147). He emphasizes that state power plays a role in making international law and in shaping states’ responses to international law. Among other things: “powerful states (or...
16.09.13 | |

15 Feb

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....
15.02.16 | |