Search: Affective Justice: Book Symposium: A Response
23 Jul A Book Discussion: International Law in The U.S. Supreme Court
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...29 Jul The Role of the Courts
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...18 Oct Book Discussion Informal International Lawmaking: Some thoughts on accountability
better forum than Opinio Juris to conduct this exercise. As has been pointed out, the conceptual book on IN-LAW is, together with a case study book, the result of a two-year research project sponsored by the Hague Institute for the Internationalization of Law (HiiL). From the kickoff onwards, the project has emphasized the importance of addressing questions of accountability, effectiveness and the tensions that may exist resulting from the operationalization of these concepts. We would like to chip into the discussions and respond to some issues raised with regard to...28 Jul Reading Ben’s Book
...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...22 Oct Book Symposium The Electronic Silk Road: Comment by Paul Stephan
[Paul B. Stephan is the John C. Jeffries, Jr., Distinguished Professor of Law and David H. Ibbeken ’71 Research Professor at the University of Virginia School of Law.] I applaud Anupam Chander for picking a great subject for his book. New communications technologies have transformed the way we deliver services by radically lowering the cost of dematerialized, long-distance transactions. The resulting explosive growth of cross-border sales of services is one of the most significant aspects of the modern global economy. There are, of course, a host of books about the...13 May Pre-Order Polakow-Suransky’s New Book on Israel and South Africa
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...
28 Jun The ASP’s Response to Israeli and US Political Attacks
...statements made by States Parties during relevant UN debates; Inter-Ministerial Network (IMN) statements.” The non-exhaustive list of potential measures was created to find a formula for responding to political attacks or threats based on lessons learned from previous political attacks. Previous responses of the ASP consisted mainly of encouraging statements of States Parties confirming their support for the ICC and initiatives by the IMN. The initial responses to the recent political attacks followed the same pattern. Responses to the Israeli and US Threats The ASP Presidency, the Prosecutor, and several...15 Dec Ashley Deeks’ Problematic Defense of the “Unwilling or Unable” Test
it did, in the form of Article 51′s preservation of the inherent right of self-defense. (We can then debate what constitutes an armed attack by a non-state actor, etc., but that is an entirely separate matter from the subject of this post). Jordan Response... Alston is clearly wrong! And all U.N. members have "consented" in advance to the use of armed force in response to ongoing armed attacks -- in Art. 51 of the Charter. http://ssrn.com/abstract=1520717 Ben: if host state not attacked, no art. 51 right of self-defense pertains. What...
07 Dec The Hostage Situation in Gaza and the Responsibilities of the International Community
...grounds for international intervention in the hostage situation. In examining which steps can be used, it may be helpful to turn to the response of states to the Russian invasion of Ukraine as a framework of reference. We are aware of the eyebrows that may be raised in response to this comparison, in light of the ongoing Israeli occupation of the West Bank. However, no other acts are relevant to the fact that the crimes committed by Hamas constitute grave violations of international law that warrant international response. In arguing...