Search: Affective Justice: Book Symposium: A Response

[Dr Mary E. Footer is Professor of International Economic Law at the University of Notthingham, School of Law.] First of all my thanks to Freya Baetens and Opinio Juris for hosting the Book Symposium on Investment Law and for giving me the opportunity to post details of my chapter. I would also like to thank Gabrielle Marceau for her generous praise of my piece but more importantly for her instructive comments. In response I shall pick up on one of her comments concerning the issue of “cross-fertilisation” of WTO jurisprudence...

This week we’re hosting a symposium on Economic Foundations of International Law, the new book by Eric Posner and Alan Sykes. Here is the abstract: The ever-increasing exchange of goods and ideas among nations, as well as cross-border pollution, global warming, and international crime, pose urgent questions for international law. Here, two respected scholars provide an intellectual framework for assessing these pressing legal problems from a rational choice perspective. The approach assumes that states are rational, forward-looking agents which use international law to address the actions of other states that...

This week, we’re hosting a symposium on The Democratic Foundations of Policy Diffusion: How Health, Family and Employment Laws Spread Across Countries, a new book by Katerina Linos (Berkeley Law). Here is the publisher’s description: Why do law reforms spread around the world in waves? Leading theories argue that international networks of technocratic elites develop orthodox solutions that they singlehandedly transplant across countries. But, in modern democracies, elites alone cannot press for legislative reforms without winning the support of politicians, voters, and interest groups. As Katerina Linos shows in The...

[Katharine Fortin is a lecturer at the Netherlands Institute of Human Rights, Utrecht University, and teaches human rights law and international humanitarian law. She is the founder and co-editor of the Armed Groups and International Law blog. This is the latest post in the co-hosted symposium with Armed Groups and International Law on Organizing Rebellion .] It was hard to decide which parts of Tilman’s excellent book Organizing Rebellion to address in this post, as I have written on armed groups from the three perspectives that he covers – IHL,...

...Guzman and Pauwelyn). On almost every topic in international law—from the practical import of customary law to the repayment of “odious debt” to the laws of war—the economic perspective offers important insights into how international law actually works. At last there’s one book to introduce the basic concepts and illustrate their utility. Law students and academics, alike, will welcome Eric Posner and Alan Sykes’ Economic Foundations of International Law. This new book will likely gain most of its readership in law schools, but for scholars the book’s greatest value may...

...the ECtHR, to what Julia Dehm refers to as the ‘temporal unfitness’ of environmental human rights to ‘deliver temporal justice in the face of temporally transgressive environmental harms’ (p. 45), and the ‘temporal myopia’ of jus cogens norms (Mary H Hansel, ch. 10), to take some examples discussed in the book. At the same time, key international human rights bodies rarely confront temporality in explicit terms. How do you hope the book’s foregrounding of temporality might influence such actors? KM: The book views human rights bodies and actors as regularly...

Massachusetts Avenue, NW Washington, DC 20008 Metro: Dupont Circle ASIL’s Lieber Society and the ICRC are sponsoring a discussion with ASIL member Gary D. Solis about his new book, The Law of Armed Conflict: International Humanitarian Law, published by ASIL Publishing Partner Cambridge University Press. ASIL hosts events such as this book discussion on an occasional basis as an informational service to bring experts on current international law topics together with those who have an interest in them. The Law of Armed Conflict: International Humanitarian Law introduces law students and...

This post is part of our symposium on Dean Schiff Berman’s book Global Legal Pluralism. Other posts can be found in Related Posts below. This is a great book, and I am almost completely on board with the orientation here. Paul is right on the money in navigating between the territorial sovereigntists on the one hand and the cosmopolitan universalists on the other. The critique of the universalists is especially key insofar as it persuasively rebuts a standard sovereigntist fallacy (along the lines of, the sovereign state may be imperfect,...

will be directed to it as a first stop in getting their bearings. Judges may consult it. It is a very useful book. At a time when the Chief Justice of the United States complains that most legal scholarship is entirely irrelevant to practicing lawyers (echoing complaints by others), it is pleasing to have a genuinely useful book at which to point. Hurrah for useful and comprehensive academic books! At the same time, I must admit to feeling some frustration as I delved deeper into the book, a frustration that...

...gaps and contradictions in the official explanations that David Ray Griffin (and other devoted scholars of high integrity) have been documenting in book after book ever since his authoritative The New Pearl Harbor in 2004 (updated in 2008).” In writing the above, Mr. Falk clearly asserted the existence of 9/11 “conspiracies,” and he unequivocally endorsed the notorious 9/11 conspiracy tract, The New Pearl Harbor as an “authoritative” book, and its author, David Ray Griffin, as a “devoted scholar of high integrity.” The main thesis of this book is that the...

Let me join others in heaping praise on Karen Alter’s new book. It marks a growing trend of studying international law from an institutional rather than substantive perspective. My favorite aspect of the book is the lateral thinking that occurs when one examines international tribunals across disciplines. International law scholars typically labor in their own vineyards, missing opportunities for grafting new vines onto old roots. Alter steps back and examines world history from the perspective of new international courts and tribunals. It is a welcome addition. Her book is a...

brilliant and eloquent weaving of Berman’s various scholarly threads. While the book concludes in part that law is “messy,” the book’s argument is quite neat, tight, and logical. Berman addresses and redresses the dominant critiques lobbed at his work over the years, showcases agility with interdisciplinary research, and demonstrates the value of legal scholarship that does not end with heavy-handed prescriptions. Like all books of this breadth, there is room for critique. Instead, in this post, I offer some broader thoughts on ways to push Berman’s outstanding work beyond its...