Search: Affective Justice: Book Symposium: A Response

This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris through this symposium. Over the next three days we will be discussing two Articles from Volume 37, Issue No. 2. Our sincere thanks to An Hertogen and the rest of the Opinio Juris team for hosting this exciting discussion. First, in Avoiding Adaptation Apartheid: Climate...

The day, a few weeks ago, when America Between the Wars arrived on my doorstop also saw the arrival of another book via Amazon … Sebastian Faulks-as-Ian Fleming, The Devil May Care. The serious policy-history tome or the new James Bond novel? What to do, what to do? I idly picked up America Between the Wars, assuming that within nanoseconds I would get bored and flip over to Bond – but no, I found myself quite entranced with this book of 1990s history. I finished it before ever returning to...

Last week, the good folks at the American Enterprise Institute and the Federalist Society hosted a book roundtable on Taming Globalization. In addition to John Yoo and myself, we were joined in a very lively discussion by Prof. Martin Flaherty of Fordham and Prof. Jeremy Rabkin of George Mason (with Jennifer Rubin of the Washington Post as moderator). While John and I are certainly used to receiving some criticism from the left, we are both a little surprised when we are attacked from the right. So Prof. Rabkin’s criticism (around...

the 21st century. As the book recounts, in 1994, the Clinton team asked 90-year old George Kennan to come down from Princeton so they could get his advice on replacing the doctrine that he had articulated so successfully in 1947. The former diplomat’s sage counsel: “forget about the bumper sticker; try to come up with a thoughtful paragraph or two.” Well, there’s some food for thought. We look forward to your responses to this or any other aspect of the book. And again, thanks so much for having us here....

...Cyber War – Law and Ethics for Virtual Conflicts , explores cyber warfare’s moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? State sponsored cyber warriors as well as hackers employ ever more sophisticated and persistent means to penetrate government computer systems; in response, governments and industry develop more elaborate and innovative defensive systems. The book presents alternative views concerning whether the laws of war should apply, whether transnational criminal...

...lawyers will—or should—appreciate the reality check on the limitations of individual state action via universal jurisdiction cases, an increasingly popular alternative avenue to justice. I cannot speak for Nahlawi, but I interpreted this as a way of expressing support for international justice mechanisms, which do not exist for Syria other than the evidence-gathering/case-file-preparing International Impartial and Independent Mechanism (IIIM). As an RtoP tool, the IIIM is perhaps all the more valuable for indicating practice and opinio juris that non-UNSC UN bodies (here, the UNGA) are empowered to discuss and make...

If you’re interested, I’ll be on C-SPAN Book TV tomorrow, Sunday, February 24, at 1:20 pm, talking about my book, Living With the UN: American Responsibilities and International Order. It runs about half an hour, and though I have no idea whether I’m especially interesting on the program, I very much enjoyed doing it – I thought the interviewer was terrific and asked excellent questions. (Plus, he let me talk pretty much as long as I liked.)...

I’ve posted on SSRN my recent book review for the American Journal of International Law of Malgosia Fitzmaurice and Olufemi Elias‘ Contemporary Issues in the Law of Treaties (Eleven International Publishing, 2005). Here’s the abstract: On the surface, CONTEMPORARY ISSUES IN THE LAW OF TREATIES, by Malgosia Fitzmaurice and Olufemi Elias, makes no overt claims regarding the debate over the fragmentation of international law. Yet on closer examination, I argue in this book review that their work has the potential to make an important contribution to that discourse. In both...

of the pricing flexibility offered by self-publishing. (Notice that the author, not the publisher, gets to decide the appropriate price point for the book). For those interesting in self-publishing ebooks, CNET editor David Carnoy has a nice summary here. You can also self-publish paperback books with print-on-demand (POD) services. Carnoy’s summary of that process is here. BTW, what are the top-selling international relations books on Amazon right now? Two self-published ebooks by journalists, The Hunt for Bin Laden and The Instigators, both short Kindle Single edition books priced at $1.99....

in the face of genocide, crimes against humanity, and/or war crimes, as this author does (and will explore more fully in her upcoming book). Heieck does question the legality of veto use in the face of genocide, and that part of his book, to this author, has the most appeal, as well as his exploration of what is required of states serving on the Security Council to fulfill their duty to “prevent” genocide (p. 209). A minor additional quibble pertains to Heieck’s extensive reliance on US law; again, to craft...

I want to give my sincere thanks to all the participants in the symposium on Does the Constitution Follow the Flag? Many terrific points, questions, and critiques were raised (made?) this week, and I certainly found it a fascinating discussion. My book is an attempt to synthesize and reframe a wide range of issues related to territoriality, and in so doing I necessarily skimmed over, or ignored outright, numerous subsidiary topics of importance. Luckily many of these arose in our discussion this week. Sovereignty, as I note in the book,...

been avoided. The initial error is a doozy: Turow has the Pre-Trial Chamber (PTC) authorise the investigation into the Roma massacre, despite the fact that Bosnia self-referred the situation to the ICC. The book even contains a mock decision pursuant to Art. 15, the proprio motu provision! That is, of course, completely wrong: because Bosnia self-referred, the PTC did not have to authorise the investigation. The OTP was free to investigate the massacre on its own. And that error, in turn, undermines the entire setup of the book, which opens...