Search: Affective Justice: Book Symposium: A Response

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...

...likely to precipitate military conflict. I summarized the JCPOA in a blog post here at Opinio Juris at the time of its adoption. My newly published book, Iran’s Nuclear Program and International Law: From Confrontation to Accord, provides an in-depth examination of the legal and diplomatic history that form the context for the JCPOA’s agreement, and sets out to describe and to answer the most important legal questions that were in dispute among the JCPOA’s parties. The aim of the book is to clarify how the relevant sources of international...

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...

[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...

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...

will introduce the book later today, followed by a general comment by Professor Laurence Boisson de Chazournes (Geneva). From tomorrow until the end of the week, the discussion will focus on specific chapters dealing with the intersection between investment law and international armed conflict, human rights, trade, sustainable development and much more! Cambridge University Press is offering our readers who wish to purchase the book a 20% discount until the end of October. To claim your discount, click here and enter the code “BaetensOJ2013”. We look forward to what promises...

...a ‘crisis’ response by the EU and its Member States. Several commentators, including the present authors, framed the situation as a crisis of solidarity, triggered by particular policies (see e.g. here, here, and here). The Emergency Relocation Mechanism, the EU–Turkey Statement, the reintroduction of internal border controls and the intensification of external border controls, combined with restrictive individual state policies (see e.g. Sweden, Austria), have resulted in downgrading protection and in shifting responsibilities to particular countries in and outside Europe. The crisis was one of solidarity on (at least) three...

...Whelan must really be focused only on the specter of so-called “transnationalist” judges overturning the will of democratically elected leaders. But this concern is also without foundation. After all, when interpreting constitutional provisions, not a single sitting U.S. Supreme Court justice has taken the position that international or foreign law constitutes binding authority. As to concerns about customary international law, there are, as Whelan points out, hundreds of pages of academic debate on the precise nuances of how customary international law and federal common law interact, but the key point...

Last week, The Huffington Post published an article with the provocative title, Epidemiologist Slams U.S. Coronavirus Response: ‘Close To Genocide By Default’. The epidemiologist in question was Prof. Dr. Gregg Gonsalves, PhD (Public Health, Yale University), who, according to his online curriculum vitae, is an Assistant Professor in Epidemiology of Microbial Diseases at the Yale School of Public Health, as well as an Associate (Adjunct) Professor of Law and Research Scholar in Law at Yale Law School, co-director of the Yale Law School/Yale School of Public Health Global Health Justice Partnership, and the Yale...

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....

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;...