Search: Affective Justice: Book Symposium: A Response

This week we are delighted to bring you a symposium exploring the intersection between the law of responsibility and the law of the sea. The motivation for this symposium is twofold: First, although there is long interaction between the law of the sea and the law of responsibility, the law of the sea has become an area where the intersection is of increasing importance. The posts this week will highlight the ways in which the law of responsibility is being invoked in current controversies involving marine species and resources like...

[Jeffrey L. Dunoff is the Laura H. Carnell Professor of Law at Temple University Beasley School of Law and Mark A. Pollack is professor of Political Science and Jean Monnet Chair ad personam at Temple University] Many thanks to Opinio Juris – and to all of the Symposium participants – for a stimulating and informative discussion of the virtues and vices of international law and international relations (IL/IR) scholarship. The Symposium highlights some of the ways that IL/IR research has enriched our understanding of the making, interpretation, and enforcement of...

interesting and important questions and issues. In closing, I would like to try to explore the common themes raised in the essays, and suggest that they all relate to a potential paradox in transnational legal process, and a weakness in its utility as a counter-strategy, that Harold may want to address as he expands the article into a book. Recap To briefly re-cap the symposium, Harold’s article argued that actors inside and outside of the U.S. government are, and should be, leveraging the features of transnational legal process as a...

[Craig Martin is a Professor of Law at Washburn University School of Law, and is the Co-Director of the International and Comparative Law Center of Washburn Law.] Over the next few days Opinio Juris will be conducting a virtual symposium to discuss Professor Harold Hongju Koh’s article The Trump Administration and International Law. The article was published in a special Symposium Issue of the Washburn Law Journal, which also includes articles by David Sloss, Peggy McGuiness, and Clare Frances Moran, responding to or picking up on the themes of Harold’s...

to be faced. The problem is not the traditional one of agent-principal asymmetry of information, but rather symmetry of uncertainty: neither the private security contractor nor the government actor truly knows what kinds of situations will arise or the best response. Since this often describes armed conflict, post conflict, or insecure situations in which private security contractors often operate, the ordinary response in the law to such symmetric uncertainty is not to rely on contract at all – or, at most, to use the form of a contract to memorialize...

[Larry Helfer is the Harry R. Chadwick, Sr. Professor of Law Professor of Law at Duke University School of Law] Katerina Linos has written an audacious and analytically rigorous study of how health and family policies spread over time across industrialized countries. She deftly synthesizes a broad range of qualitative and quantitative research methods into a brilliantly-conceived research design that analyzes the mechanisms by which such policies disperse across borders. The book’s core findings—that foreign and international models influence domestic policy adoption via politicians’ appeals to skeptical voters who view...

This is the third day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. On behalf of all of us at Opinio Juris, I’d like to thank Laura (and our guest bloggers) for joining us this week to do a discussion about her timely new book, Outsourcing War & Peace. As someone who teaches National Security Law and Contracts, I was particularly struck by an observation she made early...

[Laura Dickinson is the Oswald Symister Colclough Research Professor of Law at the George Washington University Law School in Washington DC.] This is the third day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. While they are not often viewed in this way, government contracts can serve as a tool for implementing public values such as human rights or humanitarian law principles. In the domestic setting, with privatized...

This is the second day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. One of the many things I like about Professor Dickinson’s book is the broad approach it takes to thinking about accountability. When I ask my law students to engage in problem-solving hypotheticals – i.e. Here’s a problem in the world, you are X individual/organization/state worried about the problem, what should we do about it? –...

more light than heat and so we have put together a group of thoughtful commentators to guest with us for this symposium. Joining us for this discussion are Paul Cliteur, a professor of jurisprudence at the University of Leiden and the author of the recent book The Secular Outlook: In Defense of Moral and Political Secularism (Wiley 2010), as well as Peggy’s and my colleague Mark Movsesian, the Frederick A. Whitney Professor of Contract Law st St. Johns Law School and the founding director of the Law School’s Center for...

[Jeffrey K. Walker is Assistant Dean for Transnational Programs at St. John’s University School of Law] This is the third day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. With Outsourcing War and Peace, Laura Dickinson did a remarkable job canvassing an area of the law that has received a significant amount of attention and scholarship since the publication of Peter Singer’s landmark 2003 book, Corporate Warriors. Laura...