Search: Affective Justice: Book Symposium: A Response

This week we are pleased to host the first discussion in the Oxford University Press/ Opinio Juris Book Club. Tom Farer, the Dean of the Josef Korbel School of International Studies at the University of Denver, will join us to discuss his new book, Confronting Global Terrorism and American Neo-Conservatism: The Framework of a Liberal Grand Strategy. In addition, Kristen Boon from Seton Hall Law School will be joining us for the conversation as well. Today, Tom will introduce his book in general and we will discuss issues relating to...

Thanks to my fellow co-bloggers here at Opinio Juris for the chance to discuss my book Beyond Citizenship: American Identity After Globalization. It’s been an honor (and a lot of fun) to be a part of this project with all of them in this ever-changing young medium. Thanks also to Julian for introducing the discussion on Thursday. I’ll look forward to comments on the book from our guest bloggers and readers over the next couple of days. I thought I’d lead off with three developments each of which poses a...

thinking. Having read with fascination the previous Opinio Juris book discussions, I have to anticipate that by the end of this week my interlocutors will have squeezed out of me every lingering ounce of intellectual complacency. Chris suggested that I open the exchange by sketching in a few broad strokes what I thought I was doing in this book. My purpose, however well or poorly realized, was to look through a Liberal optic at the most important and neuralgic issues implicated in the struggle against mass-casualty terrorism linked to individuals...

Sorry to contribute to this phenomenon, but John Yoo’s new book War By Other Means: An Insider’s Account of the War on Terror is now out from Atlantic Monthly Press (not affiliated with the Atlantic Monthly, I was surprised to discover, though it’s something of an explanation), and shouldn’t go ignored. As signaled by the subtitle, this is not a book directed at an academic audience, and I’m not going to do the equivalent of a review here (I’ve collected some highlights after the jump). A couple of brief observations:...

Over the next three days we are bringing you a discussion of a brand new book, edited by Joost Pauwelyn (Graduate Institute of International and Development Studies, Geneva), Ramses Wessel (University of Twente, The Netherlands) and Jan Wouters (University of Leuven, Belgium), on Informal International Lawmaking, published by Oxford University Press. Here is the abstract provided by the publisher: Many international norms that have emerged in recent years are not set out in formal treaties. They are not concluded in formal international organizations. They frequently involve actors other than formal...

...Harold Koh, the State Department Legal Advisor, argues drones are lawful, but in his former life as an academic, Professor Koh, the human rights scholar, might have taken a different view. The book also explains why bank regulators follow BASEL III even if it is not strictly law. Crucially, the book is an attempt not just to explain international law, but to guide decisionmakers about what to do about it. I will leave the details of my thesis to later posts. For now, I offer thanks to Opinio Juris and...

“Internationalized Armed Conflicts in International Law” by Kubo Mačák presents a detailed and insightful analysis of the tipping point at which non-international armed conflict (NIAC) may be ‘internationalized’ and considered to be an international armed conflict (IAC), with the focus in particular in relation to the status of combatants and the law of occupation. Far from esoteric, the topic is timely, relevant and has a real impact on the rights and obligations in the conduct of warfare. A few observations as I perused the book – some general in nature,...

in developing countries’ struggle to preserve the flexibilities of the TRIPS agreement. In this post, I engage with Andreas Buser’s book by looking at what has followed the “rise of emerging powers”. The story recounted in the book has now moved to its next chapters. I make the following claims: (i) it is by now clear that the most consequential development for global economic governance has not been  the “rise of emerging economies”, but the rise of China; and (ii) the terms in which the debate on the “rise of...

[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...

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...

[Ramses Wessel is Professor of the Law of the European Union and other International Organizations at the University of Twente] First of all many thanks to Prof. Tai-Heng Cheng for taking the time to respond so eloquently to the parts on legality and normativity in our book on Informal International Lawmaking. Because of his knowledge of the area (as for instance reflected in his excellent book When International Law Works), his comments are very valuable. In fact, the comments touch upon an essential debate that was started by the book,...

...work, de Pando’s posthumous book did not go unnoticed. In an extremely graceful move, Bello himself wrote a very forgiving review (see page 537), saying it is basically a “new edition” of his own book, but one that incorporated “interesting interpolations and instructive notes”. Speaking in the third person, referring to himself as “the author of the Principles”, Bello treats de Pando’s plagiarism as a showing of respect: “It is true that [de Pando] does the author of the Principles [meaning Bello] the honour of frequent citation, and sometimes in...