Search: Affective Justice: Book Symposium: A Response

[Philip Allott is Emeritus Professor of International Public Law at the University of Cambridge.] Interpretation of any text – religious, political, historical, scientific, literary, artistic, legal – raises profound philosophical problems. Interpretation of a legal text is in a class of its own, because it can have direct and substantial social effects, determining people’s lives. The philosophy of legal interpretation is the philosophy of a fundamental aspect of social existence. The philosophical problems of interpretation stem from the fact that interpretation is a re-presentation of a presentation of...

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....

making the capacity of the group to adhere to GCIII obligations a consideration that cannot so easily be batted away? I would be interested to hear Mačák’s thinking here. Conclusion The best books are those which start conversations and debates, and I welcome the opportunity to be able to solicit Mačák’s thoughts on these issues – which are only two small points in a rich sea of analysis. From one Pictet-ist to another, I would like to congratulate him as his book is certainly a great addition to the literature....

[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...

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...

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....

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...

...or beyond, etc. – at this moment there are two key sources. One is Woodward’s new book. I took a pause out of writing some stuff on these topics to read the book; events unfolding now appear quite directly to follow on the path laid out in the President’s review of Afghanistan and Pakistan strategy a year ago. This is the main narrative of the book, and well worth reading closely. There’s little going on now that is not presaged in those discussions. And current events are both following a...

...to publish the two extraordinary books Saif wrote on civil society and democratic reform in the developing world, will presumably now cancel publication. Barber is probably correct in predicting that Oxford will back down from publication. But is that necessarily the right decision? The junior Gaddafi’s study sounds pretty useful to anyone interested in nonstate actors. It’s not every academic study that has The Monitor Group on board crunching the data! Although Oxford could no longer count on a large bulk sale, it would surely sell better than average for...

...that my area was ‘heavily published in’ (OUP) or that my work was ‘not within [the publisher’s] commissioning interests’ (CUP).  I have witnessed other female colleagues face similar challenges with OUP and/or CUP. Meanwhile, white male colleagues continue to publish their work in the same or similar areas with both publishers. Examples include Patrick Labuda’s book ‘In the Court’s Shadow: International Criminal Tribunals and Domestic Accountability’, Barrie Sanders’ new book ‘Doing Justice to History: Confronting the Past in International Criminal Courts’, and my personal friend Antonio Coco’s forthcoming book ‘The...

approach of Limits. First, the book largely ignores the effect of international human rights legal institutions (e.g., ad hoc and permanent courts) on a range of state and individual behavior. Second, by focusing almost exclusively on interstate behavior and international political institutions, Goldsmith and Posner fail to examine the domestic dimension of human rights compliance. Third, by minimizing the role of individuals, NGOs, corporations, and other non-state actors, the book paints a distorted picture of the current processes through which human rights norms are elaborated and enforced. Fourth, the book...

[Fuad Zarbiyev is an Associate in the International Arbitration Group of Curtis, Mallet-Prevost, Colt & Mosle LLP.] The interpretation discourse in modern international law is dominated by a textualist paradigm. This claim may seem empirically wrong if it is taken to mean that nothing other than eo nomine textual arguments features in the international legal discourse. After all, the interpretive regime set forth in the Vienna Convention on the Law of Treaties seems to put the terms, the context, and the object and purpose of the treaty on...