EJIL Book Discussion

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The Rise of International Criminal Law: Roth’s Radicalism

Editor's Note: This is the second in a series of posts by Prof. Anderson responding to earlier posts by Brad Roth and Amrita Kapur which offered comments on Prof Anderson's 2009 EJIL article, “The Rise of International Criminal Law: Intended and Unintended Consequences,” . The first posts in the series can be found here. From where I sit, The Rise of International Criminal Law is firmly within the traditional line of American centrist views of international law.  Your results may differ, of course.  But if this article is not liberal internationalism, of the kind that still so animates the academy; neither is it skepticism as to the very category.  It is pragmatic, cautious, state-centric, and sees the category as both important but deeply fragile.  Fragile, that is, precisely because it proposes to be “law” – yet without being embedded in a social structure which would offer a society, and from there an embedded politics, and from there an embedded judiciary.  It is the universal –…

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The Rise of International Criminal Law: A Response to Brad Roth and Amrita Kapur

Editor's Note: This is the first in a series of posts by Prof. Anderson responding to earlier posts by Brad Roth and Amrita Kapur which offered comments on Prof Anderson's 2009 EJIL article, “The Rise of International Criminal Law: Intended and Unintended Consequences,” . Professor Kenneth Anderson is Professor of Law at the…

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EJIL:Talk! Discussion of Dunoff & Trachtman “Ruling the World? Constitutionalism, International Law and Global Governmance”

Over the next couple of weeks, EJIL:Talk! will host a discussion of a recent book edited by Jeffrey Dunoff and Joel Trachman - Ruling the World? Constitutionalism, International Law and Global Governance (Cambridge, 2009). This is a major work by leading scholars which examines constitutionalism and constitutional discourse in a range of areas of international law. According to…

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