Search: Affective Justice: Book Symposium: A Response
01 Oct Book Symposium Investment Law: Does the Preservation of the Public Interest Require an Alternative to the Arbitral Model?
[Nicolas Hachez is a PhD student at the institute for International Law and Leuven Centre for Global Governance Studies and Jan Wouters is Professor of International Law and International Organizations, Jean Monnet Chair Ad Personam EU and Global Governance, and Director of the Leuven Centre for Global Governance Studies and Institute for International Law at the University of Leuven (KU Leuven).] This chapter, entitled ‘International investment dispute settlement in the twenty-first century: does the preservation of the public interest require an alternative to the arbitral model?’ takes a...
27 May Lawmaking Under Pressure Symposium: International Humanitarian Law Governing Non-International Armed Conflicts–Treaty Law and Customary International Law
[At the time of conceptualizing this post, Iris Mueller was a thematic legal adviser in the ICRC legal division, working mostly on customary IHL. Previously, she was a legal adviser on the update of the ICRC commentaries on the 1949 Geneva Conventions and 1977 Additional Protocols. She continues to work for the ICRC in a legal capacity.] The regulation of non-international armed conflicts by international humanitarian law (IHL) may seem evident today. Giovanni Mantilla’s book “Lawmaking under pressure – International Humanitarian Law and Internal Armed Conflict” provides a stark reminder that,...01 Oct Book Symposium Investment Law: Observations on Hachez and Wouters’ Chapter
[Tullio Treves is a Professor of International Law at the University of Milano and a Public International Law Consultant at Curtis, Mallet-Prevost, Colt & Mosle LLP in Milan] This chapter is entitled “International investment dispute settlement in the twenty-first century: does the preservation of the public interest require an alternative to the arbitral model?” It is a detailed and well reasoned review of the criticisms raised against arbitration as the mechanism dominating the settlement of international investment disputes, of the steps already taken or underway to attenuate the...01 Oct Book Symposium Investment Law: A reply to Prof. Tullio Treves’ comments
[Nicolas Hachez is a PhD student at the institute for International Law and Leuven Centre for Global Governance Studies and Jan Wouters is Professor of International Law and International Organizations, Jean Monnet Chair Ad Personam EU and Global Governance, and Director of the Leuven Centre for Global Governance Studies and Institute for International Law at the University of Leuven (KU Leuven).] First of all, we would like to thank Prof. Treves for his kind words on our chapter, and for his very interesting ‘think outside the box’ comments....29 Apr Lindseth Replies: Some Closing Thoughts on Power and Legitimacy
driven by a rationalist logic “outside of time,” one without a normative, social, and political history of its own. My book tries to take that history more seriously, seeking to refocus attention on the specifically legal-cultural (indeed, social-psychological) dimension of the process of institutional change. Such a refocusing requires, in the context of integration, an effort to understand how delegation came to be “experienced” as an appropriate foundation for administrative governance, not just in the 1950s but also before and after. But I hasten to add that my book is...23 Sep Oona Hathaway and Scott Shapiro’s New Book “The Internationalists”
I have a review up at the Washington Post. A great read....30 Aug Symposium on Occupation Law: The Necessary Non-Normativity and Temporal Indeterminacy of Occupation Law
[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...10 Apr Book Symposium: Interpretation — An Exact Art
[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...16 Sep IL/IR Book Discussion: Comment on Richard Steinberg, “Wanted Dead or Alive: Realism in International Law”
[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...