Search: Affective Justice: Book Symposium: A Response

[Rachel Brewster is Professor of Law at Duke Law] One of the many virtues of Eric Posner and Alan Sykes’ new book, “Economic Foundations of International Law,” is that it provides the reader with a theoretically coherent and consistent overview of important international treaty regimes, substantive international rules, and state enforcement practices. The book is a lucid introduction to international law for students and also contains sophisticated analysis of the dynamics of international legal systems for academics and international lawyers. A major theme of the book is that state compliance...

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.]...

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....

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”...

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!...

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...

[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...

[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...

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,...

1901-1945 time frame. Here’s a quick description of the project as a whole: From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court’s use of international law from the Court’s inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has...

...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...

the dozens of book reviews written in response. The reaction might lead one to believe that rational choice theory and IL-proponents are doomed to conflicting positions. Not so, says Joel Trachtman, who has a new book out, The Economic Structure of International Law (Harv. Univ. Press, 2008). Trachtman (a former professor of mine) along with my current colleague Jeff Dunoff were among the first to advocate using economic theory to assess international law. In his current book, Trachtman offers an overarching theoretical model for applying “rational analysis (but not necessarily...