Search: Affective Justice: Book Symposium: A Response
22 Jan Events and Announcements: 22 January 2023
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...03 Oct Book Symposium Investment Law: A Reply to van Aaken
...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...
23 Aug Symposium on The Sentimental Life of International Law: On Intimacy and Distance
...and justice: he demonstrates the absurdity of international criminal law’s quest to ‘discover precedents of the unprecedented’ because the legalist attachment to analogy co-exists with the declaration that certain forms of atrocious violence neither have nor require any precedent. “In an uncertain, bootstrapping move, the atrocity that has never been experienced before must….be situated in a trajectory of juridical activity in response to analogous historical acts”. (92) Yet that trajectory erases both certain forms of violence and past practices of law. For the sake of legality, there must be a...04 Oct Book Symposium Investment Law: Comments on Alschner and Tuerk
[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 Oct Book Symposium Investment Law: The role of International Investment Agreements in Fostering Sustainable Development
...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...02 Oct Book Symposium Investment Law: Comments on Ambach
...an interesting and well thought through contribution by Dr Ambach which provides a very useful route into this important arena of international law for both the scholar and practitioner alike. He, in my view, rightly concludes that it is time to adjust the system on international criminal justice to the ‘modern landscape of perpetrators of the worst crimes in armed conflict’. This is a proposition difficult to argue against at any level. The reticence of some States to move this area of law forward in a decisive common international endeavour...
03 Mar Unilateral and Extraterritorial Sanctions Symposium: Enforcing Human Rights – The Dilemma Between Sanctions’ Effectiveness and Their Legality
...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...13 Aug Sivakumaran, The Law of Non-International Armed Conflict
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....29 Jan International Environmental Law as a 30% Solution
Many thanks to Peter, Kal and Scott for their very thoughtful comments. As Peter notes, The Art and Craft of International Law focuses more on process and design than on doctrinal issues. Whether or not he is correct that international environmental law lacks common principles or norms that give it substantive coherence, the premise of my book is that it can be studied coherently from a process standpoint. Peter, Kal and Scott all focus on what makes international environmental law effective. Peter emphasizes the role of social learning, and I...06 Jul International Issues and Domestic Criminal Defense: A Guide For Practitioners
One of the ways to heighten student and faculty interest in international, comparative and cross-cultural legal issues is to examine those issues through the lens of traditional domestic topics. Nothing seems more “local” than criminal defense. The newly published Second Edition of “Cultural Issues in Criminal Defense,” edited by Linda Friedman Ramirez, an attorney in Florida, should put that assumption of locality to rest. The book is an off-the-shelf guide for practitioners, which the publisher describes as follows: Cultural Issues in Criminal Defense is an indispensable book for the criminal...