Search: Affective Justice: Book Symposium: A Response

[Jennifer Trahan is Clinical Professor and Director of the Concentration in International Law and Human Rights at the NYU Center for Global Affairs and author of  Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes  (CUP 2020), winner of the “2020 ABILA Book of the Year Award” by the American Branch of the International Law Association.] This is my second and final post in response to the scholarly and thoughtful contributions received related to my book, Existing Legal Limits to Security Council Veto Power in...

book does its deinstrumentalizing work in the telling, as well as through what is told. Each chapter ends with a ‘message in a bottle’ (2). This is not to say that it tells when it should show; from the first word to the last, it shows us what it means to practise sentimental international law – through reminiscence, digression, erudition, and through deftly written prose. What I mean by telling is that the book speaks in the author’s (charming, cultured, wry, Scottish) voice. (I’ll call him Gerry. The book conjures...

in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The ‘peace versus justice’ debate, wherein it is argued that the ICC has either positive or negative effects on ‘peace’, has spawned in response to the Court’s propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical...

its argument, showing how climate change fits within a complex global context. This book is explicit in its primary focus on describing the human problems rather than on solving them. However, in this review, I would like to continue where the book left off by suggesting two implications of Guzman’s exposition for potential solutions. First, this book’s description of the human costs of climate change reinforces the need for linked mitigation and adaptation strategies. With the climate change and its consequences that we have already committed to, even if we...

outlining the main themes and claims of the book, we will hear from an impressive group of scholars who will provide critiques and responses to the book. Our commentators for the week are Professors Peter Haas, Scott Barrett, David Freestone and Kal Raustiala. Peter Haas is a professor in the Department of Political Science at the University of Massachusetts Amherst. His work focuses on the effectiveness of international environmental regimes and global governance. He is the co-author of “Global Environmental Governance” (with James Gustave Speth) and has frequently served as...

[Lori F. Damrosch is Henry L. Moses Professor of Law and International Organization and Hamilton Fish Professor of International Law and Diplomacy at Columbia Law School] My article, ‘The Impact of the Nicaragua Case on the Court and Its Role: Harmful, Helpful, or In Between?’ originated as a contribution to a symposium convened on the 25th anniversary of the delivery of the merits judgment in the case. I took as my starting point one of the statements issued by the US government while the case was pending, which had predicted...

...promote coherence, adherence, and stability necessary for the common good.” That said, can a judicial decision achieve international justice if it is thoroughly ignored and makes no practical difference to victims and perpetrators of injustice? I also welcome Professor Brown’s tentative application of my theory to the Nuclear Tests Cases, which are not addressed in my book. In that dispute, Australia and New Zealand brought claims against France for its atmospheric nuclear tests in the South Pacific. He correctly recognizes that the ICJ’s refusal to render a decision after France...

...diffusion through democracy lead us to expect global convergence or regional silos? Both Rachel Brewster and Anu Bradford correctly note that my book focuses in large part on the expansion of social policies. What happens when instead of advocating for the expansion of social programs, international organizations such as the IMF and the EU, as well as foreign governments, advocate for austerity? As some of the book’s case studies are drawn from Southern Europe, this is a great question to ask at a moment when South European governments are making...

[Darryl Robinson is an Associate Professor at Queen’s University Faculty of Law (Canada), specializing in international criminal justice.] I am deeply grateful to each of the scholars who have contributed to this symposium. Together they have produced a wonderful collection of insightful reactions. I also thank Opinio Juris, and in particular Kevin Heller and Jessica Dorsey, for hosting this exchange. Justice in Extreme Cases is about the criminal law theory of international criminal law (ICL). The project grows out of my PhD studies at Leiden University, and was given helpful...

...idea is never really examined in the earlier sections, which are structured as inquiries into top-down court-catalyzed influence. Given the high quality of De Vos’ writing and analysis, given the rigor of the case studies, and given the compelling conclusion of his book in which he reconceives international justice as a plural, multi-cited project with influence flowing in many directions, one looks forward to his next book. Perhaps that one could start with De Vos’ concluding insights and examine how courts, too, changes in response to interactions with other actors....

its negative implications when the same Boris Johnson government had a national competing for perhaps the most important and visible international criminal justice position in the world: Prosecutor of the International Criminal Court (ICC). UK Barrister Karim Khan has now been elected. The result is that the states parties to the ICC have rewarded a country that is undermining international justice. And some of the other players in the international community let it happen, without raising their voices. There is no question the UK is pleased the next Prosecutor will...

[Elies van Sliedregt is professor of international and comparative criminal law at Leeds University and Director of its Centre for Criminal Justice Studies (CCJS) and she is senior editor of the Leiden Journal of International Law and a member of the Royal Holland Society of Sciences and Humanities.] This is an awesome book. The sort of book I wish I had written. When I researched individual criminal responsibility in ICL some 20 years ago, I used a comparative and domestic criminal law lens through which to understand international concepts and...