Search: Affective Justice: Book Symposium: A Response

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),...

We are very pleased to introduce Walter Russell Mead to Opinio Juris readers to discuss his most recent book, God and Gold: Britain, America, and the Making of the Modern World. Walter Russell Mead is the Henry A. Kissinger senior fellow for U.S. foreign policy at the Council on Foreign Relations and one of the country’s leading students of American foreign policy. His book, Special Providence: American Foreign Policy and How It Changed the World (Alfred A. Knopf, 2004), was widely hailed by reviewers, historians, and diplomats as an important...

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...

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,...

[Alejandro Chehtman is a Professor of Law at Universidad Torcuato Di Tella (Argentina) and Fellow at the Argentine National Research Council (CONICET).] In Lawmaking under pressure Giovanni Mantilla has written an indispensable book for anyone interested in, or working on the laws of armed conflict, international legal history, and the theory of international relations (IR). The book uncovers and critically examines the process through which the international community came to regulate internal (non-international) armed conflicts. It is not common to find a book so relevant so these many different audiences,...

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...

should have had article 5 tribunals to establish their non-POW status), but only as a static quantity that has to be navigated. In other words, the book looks at international law as an obstacle rather than as a tool. For Wittes, IL is something that can’t be ignored (this book, like others from the center and center right, has David Addington in its cross hairs). But there’s not even a suggestion that an appropriate parallel vehicle for addressing the challenge is found in international law. A likely response: well, we...

[Jake Colvin is Vice President of Global Trade Issues at the National Foreign Trade Council.] How is global trade different in the digital age? As Anupam Chander makes clear in his new book The Electronic Silk Road, the internet is changing who trades, what is traded, and how we trade, all of which have implications and complications for businesses, consumers and policymakers. Upfront, his book outlines the great promise of the internet to democratize global trade. Businesses and entrepreneurs around the world can hang a digital shingle to offer goods...

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...