Search: Affective Justice: Book Symposium: A Response

[Aeyal Gross is Professor of Law at the Tel-Aviv University Law School and Visiting Reader in Law at SOAS, University of London. In Fall 2017, he will be a Fernand Braudel Senior Fellow at the European University Institute. This post is the final post of the symposium on Professor Aeyal Gross’s book The Writing on the Wall: Rethinking the International Law of Occupation (CUP, 2017).] Nothing could be more rewarding for authors than to have experts on the topics discussed in their books sharing ideas, concerns, and critiques. I am...

...mind mainly the situations in ex-Yugoslavia, Afghanistan, and the DRC; by the time I was completing it, I had shifted my focus to Libya, Ukraine, and indeed Syria. But the pattern seemed to hold, albeit to a differing degree and in various manifestations, to all of these conflicts and beyond. The book that is the subject of this symposium is, then, not a book about any of those conflicts individually, and yet it is, in a way, a book about all of them. It explores the internationalization of armed conflicts...

[Hari M. Osofsky is Associate Professor and 2011 Lampert Fesler Research Fellow, University of Minnesota Law School and Associate Director of Law, Geography & Environment, Consortium on Law and Values in Health, Environment & the Life Sciences] This post is part of our symposium on Dean Schiff Berman’s book Global Legal Pluralism. Other posts can be found in Related Posts below. It is an honor and a pleasure to have the opportunity to participate in this conversation about Paul Berman’s exciting new book, “Global Legal Pluralism: A Jurisprudence of Law...

[Steve Charnovitz is Associate Professor of Law at GW Law] Economic Foundations of International Law is an introduction to and reference work on the economic approach to analyzing and understanding international law. The book seeks to summarize and highlight the existing literature and to provide an intellectual framework for future scholarship. In my view, this book succeeds in its purposes. The book is to be commended for its synoptic coverage of the entire spectrum of public international law. While some interesting topics are underemphasized (e.g., constitutional issues of international law),...

[Eliav Lieblich is Associate Professor at Buchmann Faculty of Law, Tel Aviv University.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).] Introduction Living up to its name, Aeyal Gross’s insightful new book engages critically with traditional assumptions of the law of occupation. As in his past work, Gross’s critique here is firmly rooted in traditions of legal realism, critical legal studies (CLS), and – in his constant attacks on binary legal categories –...

the book will eventually be seen as a “landmark history” and treated as an “indispensable source” across various fields. This is an initial response to the readers’ comments. I cannot fully do them justice in this short format, but I aim to reach wide coverage by addressing some recurring themes. As noted in my introductory post, I wrote Lawmaking under Pressure in the hopes of making interdisciplinary contributions across the fields of International Relations, International History, and International Law. For a junior scholar like me this was a gamble, took...

broadside against the idealistic tendencies in the IEL literature that have rendered most of it irrelevant to real-world policymaking, they pivot and criticize the literature for ignoring “fairness”—which is news to me. The oddness of this approach is epitomized by their choice of target: my book (with David Weisbach), Climate Change Justice. They are right to argue that we discount fairness in our book, but I do not think anyone would regard our book as representative of conventional IEL scholarship. If that is their view, it is far more wounding...

[Ezéchiel Amani Cirimwami is a Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. He is also completing a joint PhD in international law at the Université Catholique de Louvain and the Vrije Universiteit Brussel. He is a sitting judge and a former Deputy Public Prosecutor in the Democratic Republic of the Congo.] I was thrilled when invited to provide some thoughts on Oumar Ba’s new book States of Justice: The Politics of International Criminal Court. Oumar Ba’s ambitious book explores how states that...

individual memory in the context of transitional justice. Indeed, I believe that inclusion of collective memory would better serve the goals of transitional justice by facilitating a more complete understanding of the collective harms of mass atrocity and possibly advancing reconciliation. This work draws on and builds from my other scholarship on transitional justice. As a general matter, I posit that transitional justice has distinct objectives that differ from traditional legal justice and that merely importing principles and procedures from other legal systems results in a mismatch between the transitioning...

[Jennifer Keene-McCann is a Senior Legal Fellow at the Asia Justice Coalition and is based in Naarm/Melbourne, Australia. Aakash Chandran is a Fellow at the Asia Justice Coalition and is based in New Delhi, India.] This third Opinio Juris symposium relating to crimes against the Rohingya marks another difficult anniversary. Its theme, ‘Myanmar and International Indifference: Rethinking Accountability’, evokes a call to keep approaches to international justice fresh, creative, and most importantly relevant to the needs of survivors. This includes continually searching and testing new avenues for justice. Over the...

This week we are hosting another great online symposium, this time on the 20th anniversary of Ruti Teitel’s seminal book, Transitional Justice, (OUP, 2000). The book’s abstract: At the century’s end, societies all over the world are moving from authoritarian rule to democracy. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones by bygones? Transitional Justice takes the debate to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Teitel explores the recurring question of how regimes...

to the Report,’ published in June this year (Response) has all but gone unnoticed. Yet the provisional agenda of the upcoming ICC’s Assembly of States Parties (ASP) includes, besides the more attention-grabbing elections of the Deputy Prosecutors, the ongoing review of the Rome Statute system. This blog addresses some of the recommendations made to promote coherent and accessible jurisprudence and decision-making, and the ICC’s response to them (see Report paras 607-632; Response paras 387-397). It focuses specifically on Recommendation 217 and part of Recommendation 218 (collectively ‘Recommendations’). Recommendation 217 states...