Search: Affective Justice: Book Symposium: A Response

[David Sloss is a Professor of Law at Santa Clara University.] I want to thank Opinio Juris for hosting a symposium on my new book, published last fall by Oxford University Press. I also want to thank the group of distinguished scholars who have agreed to offer their perspectives on The Death of Treaty Supremacy as part of this symposium. I very much look forward to their contributions. The book’s central claim is that an invisible constitutional revolution occurred in the United States in the early 1950s. From the Founding...

We are thrilled to announce that over the next few days we will be co-hosting with EJIL:Talk ! a discussion of Anthea Roberts’ new prize-winning book Is Intern ational Law International? (Oxford University Press, 2017). The book has recently been awarded the American Society of International Law’s 2018 Certificate of Merit for “Preeminent Contribution to Creative Scholarship.” As the ASIL Book Awards Committee states: In this book, Professor Roberts takes us along as she chases the title’s question down an international law rabbit-hole to reveal a topsy-turvy world in which...

This week, we are excited to host a symposium on Chiara Redaelli’s Intervention in Civil Wars: Effectiveness, Legitimacy and Human Rights. Scholars and practitioners who will be contributing include: John Hursh, Brad Roth, Luca Ferro, Erin Pobjie, Laura Iñigo and our own Alonso Gurmendi and will close with a rejoinder from Chiara herself From the publisher: This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations,...

[Dr. John Heieck is a criminal defense lawyer in the US and an independent researcher of genocide and human rights studies.] I want to reiterate my thanks to Opinio Juris and the International Commission of Jurists for holding this thought-provoking symposium on my new monograph A Duty to Prevent Genocide: Due Diligence Obligations among the P5. I especially want to thank Professors Jennifer Trahan, Mohamed Helal, and William Schabas for their respective critiques of my book. All three scholars present serious commentaries on the challenges facing the operationalization of the...

[Michael D. Ramsey is Professor of Law at the University of San Diego School of Law] I join the other symposium participants in congratulating Curtis Bradley on a thoughtful, insightful and balanced treatment of an important topic. This post briefly addresses his discussion of international law and war powers in the U.S. legal system (principally, Chapter 10 of the book) while noting some areas of agreement and disagreement. Bradley’s central message here is that international law plays a role in shaping U.S. war powers, but “[m]uch of the interpretation and...

...have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law shows how today’s international courts differ fundamentally from their Cold War predecessors. Most ICs today have ‘new-style’ features, compulsory jurisdiction and access for non-state actors to initiate litigation, which scholars associate with greater independence and political influence. Most ICs today have a mandate that extends beyond inter-state dispute resolution. Chapters in the book chart the uneven jurisdictional landscape of ICs today, and offer an account of the proliferation of new-style ICs. The book is first...

starting point for discussion of international law and the Supreme Court is worthy of great praise and admiration. Authors of the response essays included within the book noted the difficulties responding to three carefully constructed chapters. Responding to the entire book is an even more daunting and humbling task. One of the challenges in responding to a project like this is not to rewrite (or re-edit) the book as you would have. Any project like this requires difficult choices about tone and scope, what to include and what not to....

Litigation Part 2, and plan to critique in depth in a book review, Climate Change, Environmental Justice, and Human Rights: A Response to Professor Posner, that I am in the process of drafting—provides a normative argument against climate-change-based human rights claims under the Alien Tort Claims Act. This paper’s argument, like The Limits of International Law, is grounded in a number of explicit and implicit assumptions that an acknowledgment of multiple normative communities can help unpack. Furthermore, the difference between modified Westphalians and pluralists is more fundamental than the Gershwinian...

[Robert McCorquodale is the Director of the British Institute of International and Comparative Law, Professor of International Law and Human Rights, University of Nottingham, and Barrister, Brick Court Chambers, London. This is the sixth and final post in the Defining the Rule of Law Symposium, based on this article (free access for six months). For the other contributions, see links below.] I am immensely appreciative of the deep thought, and the time and effort, which the contributors to this Symposium have undertaken. My thanks, too, to the editors of Opinio...

[Darryl Robinson is an Assistant Professor at Queen’s University, Faculty of Law] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. I am delighted to participate in this online symposium, this time at the receiving end. The emergence of online symposia is a commendable innovation which I am eager to support. When academic conversation is carried out through journal articles, the rhythm is glacially slow. Years pass between argument, counterargument and response. Online symposia provide a rapid...

answers. The EU, the US and their like-minded partners’ reliance on unilateral sanctions (on terminology see Charlotte Beaucillon, Introduction; see also Jean-Marc Thouvenin, chapter 9) in response to Russia violation of Ukraine’s territorial integrity and sovereignty illustrate the timeliness and relevance of the Handbook. In the closing remarks of Unilateral and extraterritorial sanctions policy: the Russian dimension, Ivan Timofeev (chapter 6) noted that “sanctions are most likely to remain a feature of Russian-Western relations for decades” and how “[a]ny new crisis may provoke further exchanges of restrictions.” This is, unfortunately,...

...way in which the system is constructed so as to create impediments to [global justice].” My response to this view is stated in the penultimate paragraph of my book: This book begins where it begins, with the politics of theorizing. The account of the international legal system offered here has political consequences if decisionmakers adopt it. It rejects a blanket disapproval of international law and so will not resonate with trenchant exceptionalists or other scholars who radically challenge existing international power structures reflected in the international legal system. It also...