Search: Affective Justice: Book Symposium: A Response

Constitution, federal statutes, and treaties (p. 292 n. 49), but that position is not defended. I pick out the Take Care issue because it has implications for other questions discussed in the book. The precise mix of international law rules and comity in the areas of foreign state immunity and foreign official immunity is uncertain. But as Curt correctly notes, “it is generally understood that customary international law provides governments and officials with some immunity from suit” (p. 227). The International Court of Justice has held that sitting heads of...

yet know, and we may never be ready to know. All we can do is reflect, in the present, and it is here that Carsten’s work finds itself in its finest hour. Justice as Message: Expressivist Foundations of International Criminal Justice is a must read. It offers a brilliant compass to where expressivism may and may not lead. It has been a privilege to engage with Carsten’s work, and we all owe him not only congratulations, but also appreciations, for the effort, creativity, and comprehensiveness he brings to the subject....

commander can seek “top cover” by talking to the lawyer assigned to that commander’s commander), and they can recommend that a commander invoke the military justice system in cases of abuse. As I note in the book: Military lawyers, embedded with troops in combat and consulting regularly with commanders, have internalized and seek to operationalize the core values inscribed in the international law of armed conflict, in particular the imposition of limits on the use of force. To be sure, the lawyers are not always successful, and it would be...

Thank you for the opportunity to comment on International Law in the U.S. Supreme Court, edited by Bill Dodge, Mike Ramsey and David Sloss. Mike has already described the book’s purpose and organizational structure in a post from this morning. My post focuses on some of the book’s overall strengths and perhaps weaknesses. Edited volumes are hard to do well, and are often little more than a hit or miss set of loosely connected essays. This book, by contrast, is extremely well-edited and the individual contributions are very carefully linked...

The fun continues at Opinio Juris next week, February 11-14, as we host an online discussion of Professor Andrew Guzman’s book, How International Law Works, which has just been published by Oxford University Press. Professor Guzman teaches at UC-Berkeley, Boalt Hall School of Law, where he directs the International Legal Studies Program. Guzman is a prolific scholar and this book makes an important contribution to international law theory by deploying the tools of rational choice to explain how and why international law affects the behavior of states. Professor Guzman will...

My book review of the Oxford Companion, edited by Antonio Cassese and many others, has just been published in the new issue of the American Journal of International Law. It’s a decent-sized review, almost 5,000 words, as befits a book that checks in at more than 1200 pages. I argue that the book is a magisterial achievement, one of the most important ever published on international criminal law, but suffers from two important flaws: it reflects an extremely prosecution-centric view of ICL, and it significantly overstates ICL’s coherence. (My favorite...

for Advanced Studies as well as a lecturer at the Academy of European Law, both at the European University Institute (EUI) in Florence, Italy. The book weaves a textured analysis of the Europe’s institutional futures: A succession of crises has marked the last decade of European integration, leading to disorientation among integration scholars. Older frameworks for understanding have been challenged, while the outlines of new ones are only now beginning to emerge. This book looks to history to provide a more durable explanation of the nature and legitimacy of European...

This week, we have the pleasure of hosting an exciting discussion on Jennifer Trahan’s award-winning book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes, published by Cambridge University Press. From the Publisher: In this book, the author outlines three independent bases for the existence of legal limits to the veto by UN Security Council permanent members while atrocity crimes are occurring. The provisions of the UN Charter creating the veto cannot override the UN’s ‘Purposes and Principles’, nor jus cogens (peremptory norms of international...

I want to thank Tom for participating in this discussion; I have re-read the book as we have had this discussion, and it has provided great illumination on what the text is about. I have learned a great deal from the discussion and from the book. I apologize for coming late with this entry; it was hard to get to this until the weekend, and I wanted to be certain I had fully re-read the book – Tom, just when you thought the discussion was over … a late and...

...a point the book explores in considerable depth. But many of these deficits arise not only in informal organizations, but also in treaty-based forums like the European Union. Moreover, as I have observed in my own work, where we do see obvious democratic deficits, informal organizations are much more likely and capable of undertaking change than their hard law counterparts—from the G-20s usurpation of the G-7’s leadership role, to the formal inclusion of regional consultative bodies in the FSB’s new and revised 2012 Charter. Thus one of the book’s lessons,...

discussion and reception for the book tomorrow, December 1, and I take it that through some email list glitches, numbers of people (including me) did not get alerted. Although, alas, I have to teach last week of classes during the event tomorrow, I don’t think Vicki would mind my announcing the event – there’s a rsvp email at the bottom: Tuesday, December 1, starting at 3:30, on the 12th floor of the Gewirz center on the Georgetown Law campus, 600 New Jersey Ave., N.W., Washington D.C. The book party will...

Opinio Juris and EJIL: Talk! are happy to announce that we will be hosting two joint book discussions. The first book is OJ’s own Kevin Heller’s The Nuremberg Military Tribunals and the Origins of International Criminal Law (Oxford UP). That discussion starts today. We have a fantastic lineup of discussants, to whom we are most grateful for their time and insight. On EJIL: Talk! it’ll be Michael Marrus (Toronto), Alexa Stiller (Bern), and Rob Cryer (Birmingham), and on Opinio Juris, David Glazier (Loyola, LA), Detlev Vagts (Harvard), Roger Clark (Rutgers-Camden),...