Search: Affective Justice: Book Symposium: A Response

...work. Interlocutors – If You Can Find Them Perhaps the central focus of the liberal approach to international courts, which informs Helfer and Slaughter’s 1997 article on supranational adjudication, Alter’s 2001 book on the ECJ, and her 2014 book The New Terrain of International Law, is the relationships than an IC cultivates with its various supranational and subnational interlocutors, including regional secretariats, national courts, government agencies, individual litigants, and jurist advocacy networks. These “compliance partners,” it is argued, are fundamental to the success of any IC, and Transplanting International Courts...

This week Opinio Juris is hosting a discussion on Laura Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Professor Dickinson is the Oswald Symister Colclough Research Professor of Law at the George Washington University Law School in Washington DC. Her book addresses issues related to the increasing privatization of foreign policy functions of government. Here is the abstract: Over the past decade, states and international organizations have shifted a surprising range of foreign policy functions to private contractors. But who is accountable...

The Council on Foreign Relations and Opinio Juris are pleased to announce a book discussion with Derek Chollet and James Goldgeier on their recent book, America Between the Wars: From 11/9 to 9/11. Here is a brief description of the book: America Between the Wars shows that America did not change in one day. The tragedy of 9/11 and its aftermath had its origins twelve years earlier, when the world really did shift in ways that were incomprehensible at the time. Strangely, the date mirrors a much happier moment: it...

I’m delighted to have been asked to participate in this discussion of Ruti Teitel’s Humanity’s Law. Let me start by simply saying what a great read this book is. Congratulations to Ruti on a book that really does shift our thinking about the base lines of international law, challenge conventional notions of a state-centric international legal system, and help make sense of the changes across a range of sub-fields in international law that all do more to privilege the individual. Ruti’s central claim is that there has been a move...

...and the lecture will try to perform it. [Taylor] Could you tell us how your recent research relates to this social question that you are trying to bring to the fore? I am thinking of your forthcoming book on international law and the politics of history, for example. This is going to make me seem like somebody who has a little bit lost the plot, but I promise it is true: I have three books on the way. That particular book, International Law and the Politics of History, was initially...

Don’t worry, I will not be linking to any and all reviews of my book. (Only the good ones.) I mention this review — a review essay written by the distinguished scholar David Fraser at Nottingham (sub. req.) — because it uses my book as a springboard to discuss a number of important historiographic issues concerning World War II scholarship that readers may find interesting. Here is the abstract: This review article discusses the emergence of the subsequent proceedings before the US Military Tribunals from the shadows of the trial...

[Dr. Anne T. Gallagher is the Head of Operations at Equity International, Technical Director of Asia Regional Trafficking in Persons Project, and the former UN Adviser on Trafficking] My response to James Hathaway, written with the benefit of close involvement in the development of the new legal framework, as well as in its implementation at the national level in over forty countries, provides an alternative and a sharply differing perspective on the global battle to combat trafficking. In considering each of Hathaway’s major concerns in turn, and discrediting the assumptions...

...support characterizing this as a military operation conducted under the laws of armed conflict and not a law enforcement operation. This is not necessarily wrong, but it is at least misleading. Although how a state chooses to respond to a threat from a non-state actor is relevant to whether hostilities rise to the level of armed conflict, the form of the response — military or law-enforcement — does not determine whether an armed conflict exists. It is simply one factor, the importance of which is debatable. States do not get...

The following is a guest-post by Gabor Rona, the International Legal Director of Human Rights First. It is a response to a post at LieberCode by Jens Ohlin, a Professor at Cornell Law School, that argues international human rights law (IHRL) does not apply in armed conflict, because it is displaced by international humanitarian law (IHL). Prof. Ohlin’s conclusion that IHRL doesn’t (and shouldn’t) apply in armed conflict cannot survive a more than superficial look at the lay of the legal and practical landscape. Essentially, his horse left the barn...

...kill. Goodman has now responded with a long post of his own in which he claims that my post is “riddled with errors.” I don’t have time to recapitulate the entire debate; interested readers should head to Lawfare. (Bobby Chesney’s introduction to Goodman’s most recent response contains links to all of the contributions.) I also don’t have time to respond to all of my supposed errors. Instead, in this post, I simply want to address three of Goodman’s most problematic claims, all of which are based on selective quotation of...

...that the 2005 definition of a PHEIC in Article 1(1) IHR as an ‘extraordinary event’ in one state which is determined to ‘(i) constitute a public health risk to other States through the international spread of disease’ and ‘(ii) to potentially require a coordinated international response’ has long been plagued by vagueness – are exacerbated by the amendments. No clear ‘severe’ or ‘life-threatening’ disease benchmarks have been included through the amendments in Article 1 IHR or the decision instrument in Annex 2 to be applied in accordance with the principles...

[This post is part of the Second Harvard International Law Journal/Opinio Juris Symposium.] In 2007, I authored two papers — one for a military audience and another for a legal one — arguing that debates over the law’s response to the growing range of cyberthreats would likely track ongoing debates over law’s response to terrorism. In that context, we’ve seen 4 options emerge: First, those who say terrorism is a crime, and only a crime, with any legal response limited to law enforcement mechanisms. Second, those who insist terrorism is...