Search: Affective Justice: Book Symposium: A Response
07 Feb The Parochialism of Western Cosmopolitanism in a Competitive World Order
[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...16 Sep IL/IR Book Discussion: Beyond the “Isms War”?
[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...04 Jan OUP/OJ Book Discussion — When Cooperation Fails: The International Law and Politics of Genetically Modified Foods
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...13 Jul Technology, Speech, Hate, Virtuality … and the Path of the Law
[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,...16 Oct Book Discussion Informal International Lawmaking: Conceptual Approaches
...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...27 Jul Book Discussion: Kal Raustiala’s “Does the Constitution Follow the Flag?”
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...
19 May Pandemic of Hunger Symposium: Reflections on UNSC 2417 – A Preventative Tool, an Accountability Response, or Both?
...accountability response and can it be both? We conclude here that it can, and indeed, should be both. This issue will be discussed further in GRC’S expert webinar on 19 May. Given the array of conflict settings where food is being weaponised against the civilian population, UNSC 2417 faces a test as to its agility and efficacy (see GRC’s piece related to this on Tigray and Alex de Waal’s damming account here). Scope and purpose of UNSC 2417 The resolution creates a mechanism for UNSC action on the issue of...
07 Apr COVID-19 Symposium: Quantum Leaps of International Law
...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...
21 Feb Climate Change and Human Rights: A Comparative Analysis of the German and Belgian Climate Cases
[Charlotte Renglet is a PhD candidate working on climate litigation and indigenous peoples’ rights at the Faculty of Law and Criminology of the Vrije Universiteit Brussel. Prof. Dr. Stefaan Smis is the Head of the Department of Public Law at the Faculty of Law and Criminology of the Vrije Universiteit Brussel and a part-time Reader in International Law at the University of Westminster.] [This work was supported by the Research Foundation – Flanders (FWO – Research project G079120N).] In the absence of an adequate political response to climate change, a...
21 Aug The Dangers of Depoliticizing Human Shields: A Response to Finkelstein and Votel
the merits of the genocide claims in the future. However, this response chooses critically to focus on the way Finkelstein and Votel have framed their arguments of human shielding within this conflict, and in disputing it hope to elicit to readers alternative ways of viewing the discourse from a historically correct position. As Martha Minow helpfully reminds the international community, tackling injustice requires us to do so without “demonizing our enemies”, and a useful step within that process is to humanize our conflicts and adversaries within their correct historical narratives....