Search: Affective Justice: Book Symposium: A Response

...here at OJ in an extensive series of posts when it was published in 2009; the other discussion I’ve looked at is Bobby Chesney’s article on targeting Awlaki, but it is focused on international law questions.) Yet that book does not directly take up the Awlaki question, either. In large part, this is because it is a book about the effect of territoriality, and control of territory, on Constitutional application. Written before targeted killing was on the table of public debate, Kal’s book addressed an important, but separate question, the...

were preparing for the wars to come. The drafting of these conventions was forward looking rather than backward looking.”  This is an important argument on the processes that shaped the content of the conventions and arguably the book’s main argument and contribution. I nonetheless wonder whether one could read the book as providing a slightly more nuanced take on the meaning of time (past, present future) for its protagonists. I sometimes think of at least some of the thinkers of the postwar era as post-traumatic. Think of the early classic...

[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...

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...

flourish after Auschwitz, then each of us can be inspired to live a life of purpose, full of meaning and joy. Buergenthal calls us to the better angels of our nature. There are so many rare and amazing stories in this book, and one post cannot do it justice. So if you want to learn more about the book, this weekend C-SPAN will televise a book discussion with Judge Buergenthal airing this Saturday at 1:00 p.m. and this Sunday at 12:00. (See details here). I happened to be in the...

...Gourgourinis argues that the MST, since it applies to all aliens and since it is custom, applies to investors and traders alike. It constitutes a “floor” of treatment and permeates, in his view, the proper administration of justice of domestic regulation vis-à-vis aliens. He does a tremendous job in selecting the norms in the WTO agreements which have MST cores for transparency and procedural justice, e.g. Art. X: 3 GATT or Art. VI GATS, uncovering minimum due process guarantees inherent in those norms. He does the same for norms containing...

...policies, but it at least adds moral ballast to the means they are prepared to contemplate. Of course I am just repeating what I said in my book and in my posts, particularly my first one. Remember my comparing neo-cons to Marxists in terms of both being indifferent to means as they pursue their dreams of universal freedom. Your last post makes it appear that my book is in the nature of a continuation of the Meirsheimer-Waltz book on the Israeli lobby. That is the gravest distortion of all. The...

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...

[Ariel Meyerstein received his J.D. from Boalt Hall (2006) and is currently a PhD candidate, Jurisprudence and Social Policy Program. His recent scholarship includes, “Between Law and Culture: Rwanda’s Gacaca and Postcolonial Legality,” 32 Law and Social Inquiry 467-508 (2007), “Transitional Justice and Post-Conflict Israel/Palestine: Assessing the Applicability of the Truth Commission Paradigm,” 38 Case Western Reserve Journal of International Law 281 (2007), “The Law (and Lawyers) as Enemy Combatant(s),” University of Florida Journal of Law and Public Policy (forthcoming).] In this reply, I do not want to take on...

I want to thank the editors of Opinio Juris for hosting this forum and inviting me to participate, the editors of the Volume under review for their magnificent work in putting together such an impressive and comprehensive set of essays, and Andrew Kent for his thoughtful response to my contribution to the Volume. Let me here take up the two main criticisms that Professor Kent helpfully offers in response to my essay. The fundamental claim of my contribution is that, while departing from past doctrinal precedents in significant respects, the...

...a ‘means-end proportionality’ approach with the focus on restoring state’s defensive capacity, it is possible for a nuclear strike to be lawful, even if not commensurate to anticipated attack. To this end, the NPR implicitly assumes that a limited nuclear strike could be less destructive than a large scale conventional response. The employment of tactical nuclear weapons, which allow for the precise targeting, could be justified as a measure to halt the imminent attack, which, if occurring, would require much more destructive a response. It leaves us though with the...

...his Article why the evolution of CNA infrastructure and architecture increasingly calls into question the underlying logic that animates the existing law of war framework for determining who may lawfully participate in hostilities associated with an armed conflict. In response to this evolution, Prof. Watts proposes a reassessment of this framework that would abandon the existing rules that limit participation in hostilities to members of the armed forces. Instead, he asserts that for purposes of CNA operations, the relationship between the operator and state authority should be the focal point...