Search: Affective Justice: Book Symposium: A Response

[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...

with my response here. I hope our readers enjoyed our first joint book discussion. As part of our joint Opinio Juris/EJIL: Talk! symposia, Oxford University Press has offered to give readers a 20% discount on each book. To purchase The Nuremberg Military Tribunals and the Origins of International Criminal law, click here. When you add the book to your OUP basket, the 20% discount will automatically be deducted. The discount is good until 31 January 2012. We will post a similar link for Marko’s book when we host that discussion....

[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...

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...

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...

I will join the chorus of praise for this terrific book. But I want to add briefly to Peter’s critique of Ben’s premise that the current threat from transnational terrorism has us in a “long war,” by looking at what this means for broader foreign policy – one that encompasses, but it is not driven by, domestic legal policy. The book correctly, and refreshingly, recognizes two important points: (1) that addressing the threat of terrorism requires approaches that encompass domestic law enforcement and regulation as well as applications of armed...

...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...

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....

...beyond the state. Marc Plattner has a fine new book out, Democracy Without Borders: Global Challenges to Liberal Democracy. As Plattner states on the page 3, “Very crudely stated, the contention of this book is that we cannot hope to enjoy liberalism (at least in today’s world) unless it is accompanied by democracy, and we cannot enjoy liberal democracy outside the framework of the nation-state.” Later in the book on Page 107, Plattner quotes political scientists Juan Linz and Alfred Stepan as follows: “Without a state, they argue, “no modern...