Search: Affective Justice: Book Symposium: A Response

...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...

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,...

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...

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...

[Mark A. Drumbl is the Class of 1975 Alumni Professor of Law and Director, Transnational Law Institute at Washington and Lee University.] Atrocity Speech Law is a hefty book. It is, as Professor Gordon himself describes it, a ‘tome’. Atrocity Speech Law is rigorous and ambitious: packed with information, breathtakingly detailed, brimming with integrity, and vivified by important themes of law reform. In contrast to the absurd invective it seeks to deter, Gregory’s arguments are measured and modulated, poised and principled. Although Gregory has invested so much in this book,...

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...

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...

[Tonya L. Putnam is an Assistant Professor at the Department of Political Science at Columbia University] I’m very pleased to have been asked to contribute my thoughts on Karen Alter’s The New Terrain of International Law. Alter’s cogently argued new book exemplifies what well-executed interdisciplinary scholarship can achieve. It puts into productive dialogue several core preoccupations of political scientists, international lawyers, and practitioners as they relate to the growing universe of international courts (ICs). Not only does the resulting analysis map the outputs of, and relationships between intensively studied ICs...

...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...

...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...

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...

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...