Search: Affective Justice: Book Symposium: A Response
17 Oct Book Discussion Informal International Lawmaking: Legality and Normativity – A Reaction to Tai-Heng Cheng
[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,...30 Apr New Book on Terrorism and the Right to Travel
I want to take a moment to spruik (if you don’t know the word, look it up!) Jeffrey Kahn‘s new book, Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists, which has just been published by the University of Michigan Press. Here is the publisher’s description: Today, when a single person can turn an airplane into a guided missile, no one objects to rigorous security before flying. But can the state simply declare some people too dangerous to travel, ever and anywhere? Does the Constitution protect a fundamental right...02 Sep Confronting Terrorism and Neo-Conservatism: Initial Provocations
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...29 Sep Book Discussion: Freedom from Religion by Amos Guiora
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...
25 Apr Symposium on Boyd van Dijk’s Preparing for War: Beyond the Solferino Myth
[Professor Eyal Benvenisti is the Whewell Professor of International Law at the University of Cambridge, CC Ng Fellow in Law at Jesus College, and the Director of the Lauterpacht Centre for International Law. In Fall 2022 he will be the Samuel Rubin Visiting Professor of Law at Columbia Law School.] Boyd van Dijk’s “Preparing for War” offers a rich historical account of the drafting process of the 1949 Geneva Conventions which goes beyond the usual triumphalist rhetoric and uncovers the behind the scenes strategies, struggles and coincidences. The book significantly...
03 Oct Trump vs. International Law: Reflections on the “Scorecard,” Transnational Legal Process and the Paris Agreement
on both U.S. foreign policy and the world, but the underlying global superstructure remains mostly in place. The Trump Administration is malevolence tempered not so much by incompetence (although there is that too) as by the centrality of the international legal order to U.S. foreign policy and by a many-pronged resistance that is defending this order. For purposes of this review, I want to focus on three aspects of the book. One is Professor Koh’s discussion of the Trump Administration’s actions to date and the responses to these actions. This...
20 Sep Comparing the International and Internationalized Models — a Response to Labuda
I had hoped not to write any more posts about the international vs. internationalized tribunal debate. I have written extensively on the topic already, and the prospects for an international tribunal grow dimmer with each passing day. Alas, Patryk Labuda’s most recent entry on the topic at Just Security requires a response: although the arguments are the same unpersuasive ones we have been hearing for the past 18 months, Labuda makes them with his usual erudition and eloquence. (I mean that sincerely.) So it is important for his version of...15 Sep My Exchange with Peter Margulies at Lawfare (Updated)
blogging about criminal membership and al-Bahlul at Lawfare. I wrote a response, which Lawfare’s Bobby Chesney was kind enough to post for me. Instead of reposting the lengthy exchange here, interested readers should check out the posts at Lawfare. You can find Peter’s original post here, and my response here. Feel free to weigh in below! My thanks to Peter for his response. UPDATE: Peter and I have gone one more round. His response to my response is here, and my response to his response to my response is here....07 Mar Color Me Unimpressed by Holder’s Response to Paul
execute the laws. Furthermore, principles of necessity and proportionality are part of such laws. What's all the fuss about? Certainly not international law as such. Hostage Response..."Hostage, your logic is faulty, and is in direct conflict to AG Holder’s response. Think it through again." Nothing I said was contradicted by anything contained in Holder's weasel-worded statement. My logic is that: 1) the Court's have ruled that neither the Executive nor the Congress is allowed to do anything outside the territory of the United States that is prohibited by the Constitution;...