Search: Affective Justice: Book Symposium: A Response

OJ’s friend and frequent interlocutor, Ben Wittes (of Lawfare blog, the Brookings Institution, and member of the Hoover Task Force on National Security and Law), has a new book out of Brookings Institution Press, Detention and Denial: The Case for Candor after Guantanamo. It has been out since late December, but I just got a chance to finish reading it. I’m a huge fan, which will surprise no one familiar with my thinking about Ben’s work as well as about Guantanamo policy. Detention policy fatigue has set in and positions...

...what legal regime, if any, is applicable to them. This, in turn, leads to the third connotation of “informal”: the sense, real or perceived, that it dispenses with or circumvents the formal strictures, controls and accountability mechanisms of formal law. This goes to the heart of IN-LAW: Even though it may be a more effective way of solving cross-border problems, is it, ultimately, an end-run on democracy (more on this by Jan in a third post)? Part I of the book offers conceptual approaches to IN-LAW from different perspectives: legal...

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...

[Roger Clark is the Board of Governors Professor of Law at Rutgers Law School; he also represented Samoa in the negotiations on the International Criminal Court.] Jennifer Trahan’s new book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes (CUP 2020) is, I believe, destined to be one of the most influential of the many books that are hitting the bookshelves in celebration of the seventy-fifth anniversary of the creation of the United Nations. The opening word of the title, Existing, captures the essence of...

...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...

...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...

We are also looking forward to contributions this week from Andrew Guzman of Berkeley Law, co-author (with Jody Freeman) of the recent article Sea Walls are Not Enough: Climate Change and U.S. Interests and author of the forthcoming book Climate Change and the Apocalypse (my kudos on the choice of title). readers may remember that we have previously hosted a book discussion of Andrew’s book How International Law Works. We welcome him back. Finally, we are pleased to have five contributors from the new book Climate Finance: Regulatory Funding and...

excellent book Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights (Hart, 2021). Redaelli’s book makes an important contribution to the impressive scholarship on the use of force published in the last decade. This scholarship has only grown in relevance following several notable instances of foreign states intervening in civil wars. In this sense, Redaelli’s work is as timely as it is interesting and serves as a natural follow-up to Eliav Lieblich’s outstanding book International Law and Civil War (Routledge, 2013). Legal Nuance and Historical Context There are many things...

...the other” and makes express reference to the fact that the selection of these manuals factored three criteria: “impact, chronology and geography”. In terms of impact, “[c]are was taken to include the most influential textbooks”, like Wheaton, Bluntschli, Calvo, Martens and Oppenheim. Chronologically, the book covers a century, between 1815 and 1914. In terms of geography, the book covers manuals from England, France, Germany, Italy, Spain, Russia, the United States, Argentina, Peru, and Bolivia (pp. 16-17). It is these criteria for inclusion that spark most of my questions and hesitations....

[Scott Horton is a Contributing Editor of Harper’s Magazine and a Lecturer-in-Law at Columbia Law School.] This is the fourth 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. It’s useful generally to turn the accountability issue on its head and to view the question from the sovereign’s perspective. Laura’s book takes a view of this question largely from the perspective of a single sovereign, the United States....

scholarly attention. Concluding thoughts Chiara deserves all the praise coming to her for writing such an accessible, comprehensive and well-researched tome on Intervention in Civil Wars. The book does not shy away from taking strong positions on perennial discussions among international lawyers and develops a sophisticated argument that nicely ties together her research conclusions. It will become mandatory reading for all international lawyers trying to wrap their heads around this complex topic. But do not take my word for it. Buy and read her book, you will not regret it!...

[David Zaring is Assistant Professor of Legal Studies and Business Ethics at the University of Pennsylvania’s Wharton School] This post is part of our symposium on Dean Schiff Berman’s book Global Legal Pluralism. Other posts can be found in Related Posts below. Paul Berman is rethinking the global legal system with reference to both the plurality and the narrowness of modern community. That is, although we are subjects of a state, international law is driven often by the relationships that have little to do with borders or the usual blood...