Search: Affective Justice: Book Symposium: A Response

[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...

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....

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.]...

[Allison Stanger is Russell J. Leng ’60 Professor of International Politics and Economics and Chair of the Political Science Department at Middlebury College. She is the author of One Nation Under Contract: The Outsourcing of American Power and the Future of Foreign Policy.] This is the first day of our book symposium on Laura Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Related posts can be found below. Laura Dickinson has written a compelling and thoughtful inquiry into the larger implications of...

up doing nothing, while the world watches helplessly as the atrocities unfold.  Alternatives to the Security Council do not always exist.  In most situations, the General Assembly cannot simply take up the measures blocked within the Security Council because certain powers contained in the UN Charter are exclusively the province of the Security Council.  On the 75th anniversary of the UN Charter, this book suggests that a solution for this dysfunction may actually exist. The Book’s Central Thesis The central thesis of the book is that casting a veto while...

...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...

the book that Marty criticizes is not, as he suggests in a good-natured attempt to defend me from my own work, the predations of a publisher keen to sell more books. It is, rather, the core of the book, from which the rest sprung. The book began with an essay in Policy Review a year ago dealing with judicial review and the war on terror–precisely the section of the book that Marty and Deborah now regard as most problematic. The effort to flesh out that essay led me to the...

...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...

[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...

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,...

...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...

to OJ readers that they read it for themselves. It is a greatly provocative book, with a writing style that Tom has honed over decades to be at once highly readable, never dull and never turgid, but which also invites provocative responses; the response might be misplaced, I grant. But I leave that to OJ readers to figure out. The book is a great read, and Tom, my thanks for taking part in the discussion with me here. You’ve persuaded me – against my better time-management judgment, I might add!...