Search: Affective Justice: Book Symposium: A Response

I want to join others in congratulating Kal on the publication of his outstanding book. I also want to thank the OJ contributors for inviting me to visit their territory. Issues of spatiality — place, geography, and territory — have been largely under-examined in legal scholarship. This book is an invaluable synthesis and examination of a critical aspect of legal spatiality. One of the most intriguing parts of the evolutionary path Kal charts is the consistently instrumental use of territory to further national goals. I think territorial instrumentalism, in all...

Tommorrow, Opinio Juris is pleased to host a one-day discussion of the new book by Gregory Shaffer and Mark Pollack, When Cooperation Fails: The International Law and Politics of Genetically Modified Foods (Oxford, 2009). Sungjoon Cho and Rebecca Bratspies will join us with guest commentary. For those interested in joining what promises to be a great discussion, here’s the abstract: The transatlantic dispute over genetically modified organisms (GMOs) has brought into conflict the United States and the European Union, two long-time allies and economically interdependent democracies with a long record...

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...

...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...

[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,...

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...

[Jeffrey L. Dunoff is the Laura H. Carnell Professor of Law at Temple University Beasley School of Law and Mark A. Pollack is professor of Political Science and Jean Monnet Chair ad personam at Temple University] One of the most difficult choices in our book, and one of the most contentious discussions at two book workshops, was about how to approach the question of “theory.” Our approach was to identify four research traditions in IR that had been invoked productively by IL/IR scholars – namely, realism, institutionalism, liberalism, and constructivism...

[Professor Anthea Roberts of Australian National University is the author of numerous publications, including the topic of our joint symposium this week: Is International Law International? This is the first of several posts over the next two days on the argument in her book and reactions to it.] We are familiar with the question: Is international law law? In my new book, I ask instead: Is international law international? Not particularly, is my answer—at least, not in the way that it tends to be conceptualized by international law academics in...

...idea is never really examined in the earlier sections, which are structured as inquiries into top-down court-catalyzed influence. Given the high quality of De Vos’ writing and analysis, given the rigor of the case studies, and given the compelling conclusion of his book in which he reconceives international justice as a plural, multi-cited project with influence flowing in many directions, one looks forward to his next book. Perhaps that one could start with De Vos’ concluding insights and examine how courts, too, changes in response to interactions with other actors....

more about it and, who knows, perhaps OJ should have a mini-symposium or some such. (While I am noting Eric-related things, he has a new comment up at Volokh commenting on Duncan’s earlier question here at OJ about 1Ls taking public international law, and to which he says an emphatic ‘no’.) Here is the book description from Amazon: The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a...

...a gradual linear way. These developmental shifts occur in response to crises perceived as being of concern to humanity as a whole. This post argues that the current global health crisis is a unique opportunity to ‘recondition’ the system to better reflect the increased global interconnectedness of people, organisations and states across the world. This momentum should not be lost. Moment of consensus Arguably, the entire architecture of the international global order is premised on consensus formed as a response to crises perceived as a threat to humanity as a...

...collapses upon scrutiny, because no Iranian armed attack on Israel had occurred or was imminent at the time Israel launched its bombardment. The well-settled rule under Article 51 (confirmed by the International Court of Justice in Armed Activities on the Territory of the Congo (DRC v. Uganda)) is that the right of self-defense arises only in response to an actual armed attack or, at most, an attack that is truly imminent. Israel’s situation does not meet this criterion. There was “no armed attack by Iran against Israel occurring on June...