Search: Affective Justice: Book Symposium: A Response

We’ve got yet another great symposium coming your way this week, this time featuring a discussion on Darryl Robinson’s latest, Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law, (Cambridge, 2020). From the publisher: In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL’s novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a ‘coherentist’ method for discussions...

Another great symposium is lined up for this and next week discussing Charles Jalloh’s monograph, The Legal Legacy of the Special Court for Sierra Leone (Cambridge, 2020). From the publisher: This important book considers whether the Special Court for Sierra Leone (SCSL), which was established jointly through an unprecedented bilateral treaty between the United Nations (UN) and Sierra Leone in 2002, has made jurisprudential contributions to the development of the nascent and still unsettled field of international criminal law. A leading authority on the application of international criminal justice in...

the law, which, perhaps understandably, the ICJ has refrained from providing in his Advisory Opinion in Legal Consequences. The book’s potential ‘to facilitate clearer analysis’ allows for a significant advance in strengthening the international legal order in one of its core components. For this reason alone, Erin Pobjie’s book deserves the closest attention of international lawyers worldwide. Opinio Juris is thus much to be commended to convene this symposium and I greatly look forward to reading the engagements with her book which shall form part of this scholarly conversation.  ...

Thanks to Kevin Govern and Duncan Hollis for providing the two previous posts (here and here) in this book symposium on Cyber War: Law and Ethics for Virtual Conflicts. In my post, I want to explore the difficulties arising from causal investigations in cyber attacks. Everyone knows that the increasing threat of cyber attacks will place immense pressure on the operational capacities for various intelligence and defense agencies. Speak with anyone in military operations (from several countries), and their lists of security concerns are remarkably similar: Russia, ISIS, and cyber...

[Milena Sterio is The Charles R. Emrick Jr. – Calfee Halter & Griswold Professor of Law at the Cleveland-Marshall College of Law and Co-Coordinator for Global Justice Partnerships at the Public International Law and Policy Group.] It is my pleasure to contribute this guest post to the Opinio Juris symposium about Professor Jennifer Trahans’s recent book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes.  Professor Trahan’s book is a significant contribution to existing literature on the subject of the Security Council and the role...

approach of the book suggests? Unfortunately, those questions are hardly addressed in the book. However, these are not the only historical explorations in the book. In addition, chapter 7 on Colonial and Post-colonial Continuities in Culture Heritage Protection follows mainly a chronological scheme in the discussion of the international normative framework on cultural heritage restitution. The fragmented way to address each aspect on its own is, on the one hand, appealing: not only does it serve the argument by stressing different perspectives on the same issue, but it also distinguishes...

[Andrew Guzman is Professor of Law and Director of the Advanced Law Degree Programs at Berkeley Law School, University of California, Berkeley.] This is a superb book. I say this without the slightest bit of surprise, as that is what one would expect from these authors. In addition to the quality of the content, the book is all the more important because there is no comparable tour of international law from a law and economics perspective. I have disagreements with some of the content of the book – it would...

to hear whether van Dijk’s archival research sheds any further light on this question.  More Work to Be Done? Like all the best books, van Dijk’s book raises a number of questions in the mind of the reader and identifies avenues for further research and analysis. While the book focuses on the UK, French, US, Soviet Union and ICRC delegations, its methodology raises curiosity about what was going on in the other delegations’ back rooms. His work also shows that many other States played key roles in the drafting of...

[Sam Zarifi is the Secretary General of the International Commission of Jurists.] Prof Harold Hongju Koh in his new book, Trump vs. International Law, has issued an explicit call to arms to American lawyers and bureaucrats to resist Donald Trump’s egregious attempts at dismantling the ‘postwar system of global governance’ and replacing it with ‘a far nastier, more brutish world, less respectful of democracy, human rights, and the rule of law’. In response to this threat, Prof Koh calls on liberal-leaning lawyers and government officials to resist, slow, and curb...

and family policies, which are politically contested and fiscally significant, makes her book all the more interesting. This choice allows for a particularly original look at the influence of international law, which rarely focuses on social policy questions. Governments have tried to shape the family decisions on women’s employment and the fertility patterns for decades, the book notes. Their desire to do so will likely only increase with the looming demographic crises across the developed world, which calls for increasing women’s participation in the labor force while also heightening the...

One of the most intriguing and admirable aspects of this book is that the editors have included within it a scathing critique of the project as a whole. In Chapter 5, “A Social History of International Law: A Historical Commentary, 1861-1900,” John Fabian Witt comments on three preceding chapters on the Supreme Court’s jurisprudence during that period. In a critique that could easily (and seems intended to) be extended to the whole book, Witt takes the authors and editors to task for assembling an “insider doctrinal history” that fails to...

Accordingly, the book is not organized doctrinally, in terms of air pollution, marine pollution, chemicals, and so forth. Instead, it is organized thematically, with chapters on such topics as the causes of environmental problems, the varieties of international norms, the obstacles to international cooperation, the design of international agreements, policy implementation, enforcement and effectiveness. Process issues have received increased attention in recent years but have not yet received a book-length treatment. My new book aims to fill that gap. Rather than focus on one or two aspects of the international...