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3 Koskenniemi, supra note 1, at 10.

4 COST Action IS1003 research seminar ‘Irrelevant, Advisors or Decision-Makers? The Role of “Experts” in International Decision-Making’, organized by the Erasmus School of Law in Rotterdam, 24–5 June 2011. This conference also was one of the triggers for the current symposium.

5 For example Schudson, M., ‘The Trouble with Experts – and Why Democracies Need Them’, (2006) 35 Theory and Society 491, at 496CrossRefGoogle Scholar; and Tillers, P., ‘Introduction: Visualizing Evidence and Inference in Legal Settings’, (2007) 6 Law, Probability and Risk 1CrossRefGoogle Scholar; as well as the discussions in the articles that follow in the special issue.

6 Koskenniemi, supra note 1, at 8

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9 D. Kennedy, Of War and Law (2006).

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15 L. M. Brown, Manual of Preventive Law: How to Prevent Legal Difficulties in the Handling of Everyday Business Problems (1950). H. Haapio and G. Seidel, Proactive Law for Managers (2011).

16 Schachter, supra note 2, at 223–4

17 The expression ‘politics by other means’ is used to refer to legal expertise by Jasanoff, supra note 13, at 159. See also Kennedy, supra note 9; and Werner, W. G., ‘The Curious Career of Lawfare’, (2010) 43 Case Western Reserve Journal of International Law 61Google Scholar. For an example of the usage of lawfare, consider the following statement made by a jurist closely linked to the US defence establishment: ‘The new relevance of international law has not been lost on terrorist groups and rogue states, even if they do not observe it: such groups and governments use new informational technologies to exploit images of dead civilians and other evidence of alleged law-of-war violations as part of a growing practice that some describe as “lawfare”’ Beard, John, ‘Law and War in the Virtual Era’, (2009) 109 American Journal of International Law 424Google Scholar.

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24 This line of theorizing is often anchored in the (post-)Foucauldian tradition, included prominently in the work of feminist theorists such as Butler or Haraway, but with links to range of scholars as diverse as Deleuze and Latour. See e.g. J. Butler, Bodies That Matter: On the Discursive Summits of ‘Sex’ (1993); and D. Haraway, Witness@Second_Millennium.Femaleman©_Meets_Oncomousetm (1997).

25 D. MacKenzie, An Engine, Not a Camera: How Financial Models Shape Markets (2006).

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27 Leander, A., ‘What Do Codes of Conduct Do? Hybrid Constitutionalization and Militarization in Military Markets’, (2012) 1 (1)Global Constitutionalism 91CrossRefGoogle Scholar.

28 See above.