Search: Affective Justice: Book Symposium: A Response

As I mentioned last week, we’re pleased to host Richard Gardiner (University College London) for the next three days for a discussion of his book, Treaty Interpretation. In addition to comments by our regular contributors, we’ve invited several distinguished treaty experts to respond to his work, including Isabelle van Damme (Clare College, Cambridge), Malgosia Fitzmaurice (University of London, Queen Mary), and Jan Klabbers (Helsinki). Some of our guest experts will be commenting on the book itself, others may choose to comment on the comments. In either case, we’re looking forward...

her book. As Jonathan Varat said yesterday, it’s hard to imagine that a book about the Supreme Court could be a page turner, but this one is. Indeed, right now it is one of the top fifty books for sale on Amazon. UPDATE: You can watch the Pepperdine book presentation here. It features Jan Crawford Greenburg and includes commentary about her book by Jesse Choper (Boalt Hall), Jonathan Varat (UCLA), Ken Starr (Pepperdine) and Doug Kmiec (Pepperdine). Her comment that President Bush will not get another Supreme Court appointment is...

the increasingly broad and deep scope of international law. Others in this symposium have discussed the book’s value in terms of its historical analysis, constitutional interpretation, and its practical value to human rights litigators. As this on-line symposium draws to a close, it is important to note that the Death of Treaty Supremacy opens up new avenues for research. For example, David Stewart observes that “the story of our Constitution is largely one of judicial adaptation and reinterpretation in light of changed circumstances.” In response to the book’s “problem []...

I am very grateful for the opportunity to discuss my book on EJIL: Talk! and Opinio Juris, as am I grateful to the commentators on both blogs for taking the time to read and discuss it. In this introductory post I’ll try to outline the book’s main arguments and themes and my approach generally in analysing a very complex topic. The book is divided into five chapters. The first, introductory chapter sets out the scope and purpose of the whole study. It defines the notion of the extraterritorial application of...

Thanks so much to the Opinio Juris folks for the opportunity to participate in this wonderful symposium. Ben’s book truly is indispensable — a must-read for all those interested in these important topics. In particular, Ben’s descriptions of the difficult questions, and his narrative of how we got to this unfortunate point with respect to many of them, are thorough, precise, and (most importantly) lucid — which is saying quite a lot when it comes to these debates. I am almost inclined to say that if I had to recommend...

Opinio Juris is pleased to be hosting over the next three days a discussion of Professor Kal Raustiala’s new book, “Does the Constitution Follow the Flag? The Evolution of Territoriality in American Law” (OUP 2009). Professor Raustiala is a professor of law at UCLA and also director of the UCLA Ronald W. Burkle Center for International Relations. He has written broadly in both international law and international relations, and this outstanding new book reflects his deep engagement in both fields: In this novel history of territoriality in American law and...

[Mark Weisburd is the Reef C. Ivey II Distinguished Professor of Law at UNC School of Law] Professor Curtis Bradley’s International Law in the U.S. Legal System is an important contribution to the discussion of a topic of considerable significance. Thorough in its coverage but accessible to readers with little familiarity with the subject, it is at once an excellent introduction (for someone with a legal background) to the issues it addresses and a useful compilation for those with some familiarity with the field. This contribution to the symposium addresses...

[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...