Search: Affective Justice: Book Symposium: A Response

This week, we are hosting a symposium on Interdisciplinary Perspectives on International Law and International Relations: The State of the Art, edited by Jeff Dunoff and Mark Pollack. Jeff and Mark will introduce the book later today, but here is the abstract: Interdisciplinary Perspectives on International Law and International Relations: The State of the Art brings together the most influential contemporary writers in the fields of international law and international relations to take stock of what we know about the making, interpretation, and enforcement of international law. The contributions to...

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...

[Dr Anastasios Gourgourinis is Lecturer in Public International Law at the National and Kapodistrian University of Athens Faculty of Law, and Research Fellow at the Academy of Athens] Let me start by extending a warm thanks to Freya Baetens for her overall care, diligence and patience as the editor of Investment Law within International Law: Integrationist Perspectives, the publication of which is very timely and indeed. I am also grateful to Opinio Juris for hosting this Book Symposium, as well as to Anne van Aaken, who I am privileged to...

[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,...

[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...

[Ezéchiel Amani Cirimwami is a Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. He is also completing a joint PhD in international law at the Université Catholique de Louvain and the Vrije Universiteit Brussel. He is a sitting judge and a former Deputy Public Prosecutor in the Democratic Republic of the Congo.] I was thrilled when invited to provide some thoughts on Oumar Ba’s new book States of Justice: The Politics of International Criminal Court. Oumar Ba’s ambitious book explores how states that...

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...

...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...

...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...

of trust.  Parting Words Superbly researched and beautifully crafted, Drumbl and Holá’s book is a major event in the critical transitional justice scholarship. It must be widely read and will be unmissable for every transitional justice scholar and policy-maker. The book brushes against the grain of comfortable, reductive narratives which hold sway in most transitional societies, retelling secret service collaborators as a few ‘rotten apples’ to be excised from the healthy body of an otherwise innocent nation (the ‘evil traitors’ versus ‘heroic resisters’ binary). Drumbl and Holá deliver a nuanced...

right that democratic diffusion may be better suited to achieving economic and social rights than to right clear-cut violations of civil and political ones. But that simply suggests choosing other mechanisms, whether state-to-state compliance or domestic courts. One of the strengths of the book is its ability to rise above disciplinary and ideological battles and boundaries. As should be clear from prior comments, the book is hard to categorize. Is it a book about comparative law, international law, or domestic law? Is Linos a proponent of rationalism, constructivism, or liberal...