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Search: Affective Justice: Book Symposium: A Response

21 Jul

of the pricing flexibility offered by self-publishing. (Notice that the author, not the publisher, gets to decide the appropriate price point for the book). For those interesting in self-publishing ebooks, CNET editor David Carnoy has a nice summary here. You can also self-publish paperback books with print-on-demand (POD) services. Carnoy’s summary of that process is here. BTW, what are the top-selling international relations books on Amazon right now? Two self-published ebooks by journalists, The Hunt for Bin Laden and The Instigators, both short Kindle Single edition books priced at $1.99....
21.07.11 | |

16 Oct

...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...
16.10.12 | |

28 Jan

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...
28.01.11 | |

17 Jan

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...
17.01.08 | |

03 Apr

...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...
03.04.18 | |

27 Jul

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...
27.07.11 | |

20 Aug

...1947. I already quoted what the Director General of Israel’s Foreign Ministry said in 1949 in my response to their first article. They have ignored what he said. Then there was the statement made by the Foreign Minister of the Provisional Government of Israel in April 1948, which addressed the very point they now contest: “With regard to the status of Assembly resolutions in international law, it was admitted that any which touched the national sovereignty of the Members of the United Nations were mere recommendations and not binding. However,...
20.08.19 | |

11 Feb

Professor Osofsky’s response to my article is convincing and her exploration of the gaps in my earlier discussion of climate reparations is welcome — in fact, it is encouraged. The hope in writing an article on climate reparations was to investigate seriously alternate avenues for remedy for the climate vulnerable and encourage creativity across scales, between novel claimants, and for individuals or billions, in careful response to their current and forecasted environment. It is the first brush stroke on a quite large, and perhaps expanding, canvas. What should not be...
11.02.10 | |

06 Dec

...regime fragmentation offers new-found opportunities to link issues and institutions. Karen’s observations in her article make an important contribution to IEL scholarship. I thoroughly enjoyed Karen’s article and appreciated her conclusion about the dynamic nature of MEAs. To be fair in this response, neither of the issues that I’m identifying as gaps are an explicit part of Karen’s well-researched project. In reflecting on the MJIL article, the two analytical gaps for me were 1) a pragmatic explanation of why there has been a profusion of cooperative efforts across treaty bodies,...
06.12.11 | |

17 May

book, The Law on the Use of Force: a Feminist Analysis (Routledge, 2011) where I argue: A prescriptive analogy assumes the correlation of domestic legal categories with international legal categories and, therefore, explains international legal justifications for violence by drawing upon domestic legal justifications for violence. In contrast, the conceptual analysis developed in this book does not assume the sameness of international and domestic legal structures instead, it seeks, to expose concepts developed in Western domestic legal orders that are assumed to exist in the international legal system. . ....
17.05.11 | |

20 Jan

and in the advisory opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons (“the submission of the exercise of the right of self-defence to the conditions of necessity and proportionality is a rule of customary international law.”?) Although time and space do not allow a complete discussion of the concept of proportionality as relates to all the questions raised by Benjamin Davis, Katharine and others, it is our position that the response to the attacks of 11 September 2001 has been...
20.01.07 | |

20 Oct

Anupam Chander I am grateful to Mark Wu for penning a thoughtful response to some of the ideas in “Trade 2.0.” I am fortunate to have such an expert commentator. Wu agrees with my aims, but worries that the political will may be lacking to effect my proposals. He also offers four other hurdles to implementation. I consider each concern below, beginning (in the interest of easy cross-reference) with the one he labels “first,” and concluding with a response to the political will objection. First, Wu is concerned that GATS...
20.10.09 | |