Search: Affective Justice: Book Symposium: A Response

[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...

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....

[Frederik Rogiers is a PhD researcher and teaching assistant at the Ghent Rolin-Jaequemyns International Law Institute and Ghent Maritime Institute, Faculty of Law and Criminology, Ghent University] On 12 April 2026, following the collapse of the Islamabad talks, President Donald Trump announced on Truth Social that the United States Navy would impose a “naval blockade of the Strait of Hormuz”. Within twenty-four hours, U.S. Central Command (CENTCOM) restated the operation in markedly narrower terms: its press release announced that: “the blockade will be enforced impartially against vessels...

...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...

...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’),...

greatest of American values: freedom. The book has earned considerable critical acclaim — including being named one of the Top 10 non-fiction books of 2005 by the Kirkus Review — and is being adapted into a movie for Warner Brothers by Michael Seitzman, the screenwriter of last year’s North Country. BBC TV is also doing a major story on the book next week, so check your local listings! The book is available here, and anyone who is interested in getting in touch with Brandt should feel free to e-mail me....

[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...

[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...

[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...

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...