Search: Affective Justice: Book Symposium: A Response

...we believe international law is a space for discussion, debate, contestation, critique, and, yes, imagination. We are convinced that exploring the limits of our discipline from the perspective of superheroes, space battles, and Barbenheimer is not just about fun, but about thinking of new ways to approach old debates. We are delighted that our symposium has grown the way it has. Unlike our invite-only symposium of 11 posts in 2021, this year’s edition ran an open call for proposals, leading to 38 pitches from all around the world. This year’s...

...My response will focus on four selected issues, namely the application of ne bis in idem in Article 20(1) to mistrials; the scope of ne bis in idem protection in Article 20(2) of the Rome Statute; the finality requirement and the application of ne bis in idem in Article 20(3) to in absentia trials; and the role of ne bis in idem in transitional justice processes.  Ne bis in idem in Article 20(1) and Mistrials    In his contribution to this symposium, Daniel R. Ruhweza discusses, among others, the important issue...

This week, we have the honor of hosting a symposium on Yasmine Nahlawi’s recent book, The Responsibility to Protect in Libya and Syria: Mass Atrocities, Human Protection, and International Law. From the publisher: This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing...

[Paul Schiff Berman is Dean and Robert Kramer Research Professor at George Washington University Law School.] I want to thank all the participants in this online symposium both for their extraordinarily thoughtful comments on my book and for their many constructive interventions through the years as I have been developing these ideas. I am blessed to be part of a truly supportive academic community, and these posts exemplify all that can be good about thoughtful academic discourse built on dialogue rather than one-upsmanship. Such fruitful academic discourse should not be...

I commend Katerina Linos’ book to our readers and echo the many positive comments that others in this book symposium have shared. Her theory of bottom-up democratic diffusion of norms addresses many of the concerns that have been voiced regarding the democracy deficit that occurs when policy elites borrow from abroad. I want to push Katerina a bit on the question of actors involved in the diffusion process. She notes that “many academics, judges and commentators emphasize how references to foreign law reflect elite predilections antithetical to the views of...

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...

[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...

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...

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...

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...

[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...