Search: Affective Justice: Book Symposium: A Response

...both on the scope of its own power, and on what makes for effective national security policy. We’ll disagree, Ben, about what exactly Congress should do with its power, but if your book’s primary point is this structural one – no issues there. Indeed, I can’t think of anyone I’ve encountered (human rights advocate or no) who’d disagree. Which brings me, at the risk of a digression but in response to another question I’ve heard Ben ask – why don’t more human rights advocates embrace this book? – to the...

The Naval War College has published the latest volume in its Blue Book series. Here is the description and information about how to obtain it (although you can simply get the PDF here): The Naval War College International Law Department recently published volume 87 of its International Law Studies “Blue Book” series. The Blue Book has served as an invaluable resource for scholars and practitioners of international law since 1901. Volume 87 is entitled “International Law and the Changing Character of War.” It includes scholarly papers by Professor Robert Chesney,...

[Jeffrey Dunoff holds the Laura H. Carnell Chair at Temple University Law School] 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. Paul Berman has produced a terrific, and terrifically ambitious, work of scholarship. The book presents a compelling case that the current legal order is marked by multiple and overlapping international, transnational, national, sub-national and non-state normative orders. Paul argues that relations among these various orders should be managed through a “cosmopolitan pluralist” approach...

...within a broader historical context. That is what I did, delving into the fascinating sixteenth century” (p.41). In the year of its publication, the work was promoted in various newspapers as “the most comprehensive study conducted to date on Chile’s Antarctic rights against the claims of other countries” (for example, in the editions of El Mercurio, La Nación, and La Hora from November 5, 1944). Knowing the impact of his book, these newspapers were compiled by Pinochet de la Barra in his personal library. Various publishers praised the book for...

I was going to wait until the book — entitled The Unspoken Alliance: Israel’s Secret Relationship with Apartheid South Africa — came out to mention it, but now seems like an opportune time. You can pre-order the book from Amazon here, and here is the description: A revealing account of how Israel’s booming arms industry and apartheid South Africa’s international isolation led to a secretive military partnership between two seemingly unlikely allies. Prior to the Six-Day War, Israel was a darling of the international left: socialist idealists like David Ben-Gurion...

as much as I love treaties, I believe that there is significant value in thinking about interpretation as more than a process of giving treaty provisions meaning. My introduction of the concept of existential interpretation is an effort to show just how broadly interpretative processes reach and structure the international legal order. In doing so, I hope to illustrate — as the book itself does — the importance of thinking about interpretation as its own field within international law. [An introductory post to the book symposium can be found here.]...

[Rachel Brewster is Professor of Law at Duke Law] There is much to admire in Katerina Linos’ new book, The Democratic Foundations of Policy Diffusion: How Health, Family and Employment Laws Spread Across Countries. Linos elegantly integrates a disparate set of literatures – international relations, domestic politics, and transnational diffusion – to construct a powerful and persuasive account of the transmission of social policy between states. The book is a remarkable achievement. It uses sophisticated statistical models as well as case studies and polling data to establish the causal argument...

I want to congratulate Mark Pollack and Gregory Shaffer for their recently published book When Cooperation Fails: The International Law and Politics of Genetically Modified Foods (Oxford 2009). Using the WTO proceeding as a focal point, When Cooperation Fails explores the vexing question of why multiple international and bilateral initiatives have failed to resolve the transatlantic GMO dispute. The book offers a clear and detailed tour of “the difficulties, limits, and outright failures of international cooperation” (pp. 3, 280) for regulating GMOs. It also details the success that international institutions...

[David Zaring is Assistant Professor of Legal Studies and Business Ethics at the University of Pennsylvania’s Wharton School] Pauwelyn, Wessel, and Wouter’s excellent book, which in turn marks the fruition of a project on informal international lawmaking that they dub IN-LAW, is pretty good on the theory end of things, which is what this post will look at, and also critique. Organizationally, the editors cracked the whip creditably – each chapter is organized, features a takeaway, and follows well. But should you read it? PWW develop both a definition and...

modify the introductory claim. To my mind, this work’s potential is not merely as descriptive book about the Constitution’s foreign affairs text as it was “understood” in the eighteenth century. Pitching it this way make it rely too much on one-sided history, and ironically does the book’s theory a disservice by rending to be a historical curiosity that may or may not be relevant to the age of globalization. Rather, what this book really is doing is presenting an elegant, balanced theory derived from text and one – not “the”...

The trial of Arthur Greiser in Poland, 1946 23: Immi Tallgren: The Finnish war-responsibility trial in 1945-56: Flawed justice, anxious peace? You can purchase a hard copy of the book at the OUP website here. You can also — as part of an experimental OUP initiative — download a complete PDF of the book for free at either www.oup.com/uk or www.oapen.org. If you cannot afford the £70.00, by all means download the PDF. UPDATE: The free open-access version of the book is now available on the webpage linked to above....

...book addresses this issue through the lens of various “decision-makers”, being international judges (chapter 4), arbitrators (chapter 5), regulators (chapter 6), legal advisers (chapter 7), and officials (chapter 8). The essential thesis of the book is that when such decision-makers disobey international law, they “ought not to claim a unique exception for themselves”, as that only serves to encourage others to follow suit and act inconsistently with the relevant rule; rather they should “explain their reasons for disobedience”, in order to permit other decision-makers to decide if those reasons have...