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Search: Affective Justice: Book Symposium: A Response

06 Aug

...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...
06.08.20 | |

22 Oct

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...
22.10.12 | |

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 | |

29 Jul

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...
29.07.09 | |

15 Feb

[John Parry is the Associate Dean of Faculty and Edward Brunet Professor of Law at the Lewis & Clark Law School. This is the fourth post in our symposium this week on treaty supremacy.] David Sloss’s fantastic new book restores order and sanity to the confusion that pervades constitutional doctrine on the status of treaties. The great achievement of this book is its insistence on clear thinking about treaties and their interaction with federalism (supreme law of the land or not?) and separation of powers (who implements a treaty?). Where...
15.02.17 | |

30 Aug

[Eugene Kontorovich is a Professor at Northwestern University Pritzker School of Law. This post is part of an ongoing symposium on Professor Aeyal Gross’s book The Writing on the Wall: Rethinking the International Law of Occupation (CUP, 2017).] Prof. Gross’s excellent book The Writing on the Wall: Rethinking the International Law of Occupation presents a normative synthesis of international humanitarian and international human rights law design to provide an occupation law regime acutely focused on protected persons and the ensuring that the temporariness of the occupation. Gross’s honest embrace of...
30.08.17 | |

17 Mar

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...
17.03.21 | |

28 Jul

...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...
28.07.09 | |

16 Mar

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...
16.03.13 | |

24 Nov

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...
24.11.20 | |

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 | |

30 Sep

[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...
30.09.13 | |