Search: Affective Justice: Book Symposium: A Response
26 Jul International Law in the U.S. Supreme Court: A Partial Defense of “Insider Doctrinal History”
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...
16 Apr Symposium on Confronting Colonial Objects: A Panopticon of Colonial Cultural Heritage Taking and Return
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...25 Jan The Art and Craft of International Environmental Law
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...26 Jun Linos Book Symposium: Comments by Anu Bradford
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...
04 Apr COVID-19 Symposium: COVID-19 and International Criminal Law
...of Opinio Juris’ very pertinent symposium about the role of international law in responding to the crisis. One sub-question that may not come immediately to our minds is the relevance, if any, of international criminal law (ICL) and international criminal justice vis-à-vis pandemics like the COVID-19 one. Are notions of individual accountability and of criminal conduct relevant in this particular context? Is there a role for international criminal justice in the prevention of, and response to public health emergencies of this kind? Many will advance a negative answer to these...10 Oct LJIL Symposium Vol 25-3: Good Deeds of International Defendants: A Response
[Jean Galbraith is Assistant Professor at Rutgers-Camden School of Law] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. I want to thank Opinio Juris and the Leiden Journal of International Law for putting together this symposium. I am especially grateful to Professor Dov Jacobs for organizing this session and to Professors Mark Drumbl and Meg deGuzman for their thoughtful comments about my article. Some years back, I noticed how frequently international...12 Mar Cheng Book Roundtable: Should International Legal Theory Predict? (A Response to Professor Ku)
Professor Ku’s review of When International Law Works is most insightful. I thank him for it. His “short bloggish description” of its thesis is as clear a summary of my book as I’ve been able to muster in two sentences. I confess I will probably appropriate it when I present the book at Temple Law School later this week. Professor Ku raises a good question about how predictive my “theory” is. Certainly theory in the hard sciences is often predictive. Many such theories are expressed as falsifiable hypotheses. In contrast,...25 Jun Linos Book Symposium: Response to Eric Posner and Ryan Goodman
...to Influence States: Socialization and International Human Rights Law” has lead many international lawyers to focus not only on only political science and economics, but also on sociology. It inspired me to write this book. Their comments invite debate on several empirical issues, as well as on two major theoretical questions: 1) Do diffusion studies imply that “international law is weaker than generally recognized”? 2) How does my theory of diffusion through democracy connect to theories of state socialization, and more generally to research on constructivism and sociological institutionalism? Which...16 Mar Cheng Book Roundtable: Power in International Law (A Response to Professor Osofsky)
same words that conclude my book: The justification for international law does not depend on whether it is law. It depends on whether the international legal system is effective and good. . . . On final analysis, international law is what we make of it, for it is nothing more or less than the sum of our decisions. If my book provides a framework to clarify our disagreements and find solutions, as we have begun to do in this Roundtable, then I have achieved what I set out to do....