Search: Affective Justice: Book Symposium: A Response
10 Nov New Naval War College Blue Book on the Changing Nature of War
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,...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...26 Jun Linos Book Symposium: Comments by Rachel Brewster
[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...
07 Aug Complementarity, Catalysts, Compliance Symposium: A Reply
[Christian De Vos is a Senior Advocacy Officer with the Open Society Justice Initiative. He engages in advocacy across the Justice Initiative’s areas of work, with a particular focus on international justice and accountability for grave crimes.] It has been a pleasure to read the six reflections shared over the course of this symposium. I am grateful to Opinio Juris for hosting the discussion and to the contributors who have so thoughtfully engaged with the text and whose own scholarship, advocacy, and insights were a source of inspiration for me as...
23 May Punishing Atrocities Symposium: Exploring Joint Criminal Enterprise
[Alexander Greenawalt is a Professor of Law at Pace University School of Law. This post is part of our Punishing Atrocities Symposium.] I am honored to provide this commentary on this terrific new book by Jonathan Hafetz. Let me begin by highlighting some of the things that make this publication a valuable contribution to the literature about International Criminal Law (“ICL”). First of all, the book is an extraordinary reference on international criminal tribunals. Someone who knows nothing about the field, will come up to speed very quickly while reading...05 Jan Who Decides and Why?
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...16 Oct Book Discussion Informal International Lawmaking: A comment by David Zaring
[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...01 Aug Opinio Juris Symposium: Can History Determine Textual Meaning?
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”...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...