Search: Affective Justice: Book Symposium: A Response

[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...

[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....

...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....

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...

...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...

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...

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....

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...