Search: Affective Justice: Book Symposium: A Response
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...29 Jul Cyber-Territoriality
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...01 Oct Book Symposium Investment Law: Non-Investment Obligations in Investment Treaty Arbitration – Towards a Greater Role for States?
[Vid Prislan is a Research Fellow PhD-candidate at the Grotius Centre for International Legal Studies of Leiden University] First of all, I would like to thank the editors of Opinio Juris for providing me with the opportunity to briefly present the arguments which I raise in my chapter in Investment Law within International Law: Integrationist Perspectives. My chapter deals very broadly with the issue of non-investment obligations in investment treaty arbitration. It does so by exploring how investment tribunals can consider (and take into account) arguments based on...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...01 Oct Book Symposium Investment Law: Comments on Vid Prislan’s Chapter
[Kathleen Claussen is a Legal Counsel at the Permanent Court of Arbitration. The views expressed in this post are those of the author only and do not reflect any view of the Permanent Court of Arbitration or its staff.] Vid Prislan’s chapter on non-investment-treaty obligations in investment treaty arbitration tackles a common issue in tribunal decisionmaking that has not been fully theorized or understood. His work advances that effort by examining ways in which tribunals take account of non-investment-treaty obligations and by acknowledging that these methods may be...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...