Archive for
August, 2006

Reminder — APSA Happy Hour

by Duncan Hollis

Can Domestic Court Defiance Strengthen International Tribunals?

by Jeffrey Dunoff

D.C. Circuit Rejects Delegation to International Environmental Institutions

by Julian Ku

The Advantages of Non-Judicial Enforcement of International Court Decisions

by Julian Ku

New Zealand’s Progressive Policy Toward HIV+ Zimbabwean Immigrants

by Kevin Jon Heller

Private vs. Public Action in International Tribunals

by Tomer Broude

International Courts and U.S. Federal Courts

by Tom Lee

Student Blogger Interviews Tom Friedman

by Roger Alford

Jus Cogens Norms and The Historical Accident of Influential States

by Roger Alford

Grand Prix Racing and Sovereignty

by Chris Borgen

Delegating powers to new international institutions

by Avi Bell

The Structure of International Tribunals

by Kal Raustiala

Why Do States Create New International Courts and Tribunals?

by Larry Helfer

And my last word too…

by Avi Bell

My Final Thoughts on the HRW Debate

by Kevin Jon Heller

Professor Heller’s remarks

by Avi Bell

Professor Bell’s Update

by Kevin Jon Heller

The Rookie Year of the Roberts Court

by Roger Alford

NGO’s and the south Lebanon Conflict

by Avi Bell

One more word on Human Rights Watch

by Avi Bell

Does the Evidence Actually Contradict Human Rights Watch?

by Kevin Jon Heller

A request for help on a Human Rights Watch investigation

by Avi Bell

Human Rights Watch strikes again

by Avi Bell

Are International Judges Activist?

by Allison Danner

Robert Bork asserts that “judges of international courts . . . are continuing to undermine democratic institutions.” This hostility implies that international courts engage in illegitimate judicial activism. Assuming that international judges do occasionally engage in international lawmaking, does this activity deserve to be dismissed as untoward?

It is becoming increasingly clear that states tolerate—and perhaps encourage—international judicial norm creation. Tomer Broude’s work on the WTO’s Appellate Body and my research on the ICTY, the Geneva Conventions, and the ICC demonstrate that states are aware of lawmaking by international courts and yet do little to curtail courts’ power. Far from punishing activist courts, states have incorporated judicial lawmaking into other treaties (as they did when adopting rules into the ICC treaty that were created by ICTY judges) or have let judges decide questions for which a political resolution remains elusive. The failure of the Doha Round, for example, will likely push the highly contentious question of agricultural subsidies from the WTO members to the organization’s Appellate Body.

Yet in neither the case of the ICTY nor the WTO did states primarily create these courts to engage in lawmaking. On the contrary, states declared (through oral statements or treaty language) that these courts should not perform this function. Yet they have tolerated—even embraced—the lawmaking that has occurred. It seems incontrovertible that states find the lawmaking that international courts sometimes engage in to be useful at least some of the time.

How will this crescendo in their lawmaking role affect international courts? I predict that international courts will play a critical role in the articulation of global norms, but they will also increasingly serve as a flash point in the debate over the wisdom of increasing the density and detail of international norms. The true test, of course, is whether states will comply with or incorporate into domestic law this bevy of judicially-created rules. On this meta-question, the jury is still out.

The WTO Appellate Body and International Judicial Deference

by Roger Alford

APSA Happy Hour

by Duncan Hollis

Saddam and South Park: The Untold Story

by Kevin Jon Heller

Virtual Roundtable on International Tribunals — Kickoff

by Tomer Broude

Truce Reached in Uganda: The ICC’s Dilemma Continues

by Julian Ku

Should a LawProf Opine Outside His Area of Expertise?

by Julian Ku

American Journalist Held in Sudanese Prison

by Chris Borgen

Bernanke on Global Economic Integration

by Roger Alford

“Neutrality” of UN south Lebanon peacekeeping force

by Avi Bell

Ahmadinejad’s calls for eliminating Israel

by Avi Bell

Would the ICC Have Jurisdiction over Ahmadinejad’s Statements?

by Kevin Jon Heller

Suing Ahmadinejad

by Avi Bell

Even More Powerful than the U.N.: The International Astronomical Union Destroys a Whole Planet

by Julian Ku

The Parental Pressure Deficit

by Roger Alford

How to “Create” a New Human Right: the U.N. Convention on the Rights of Persons with Disabilities

by Julian Ku

War Crimes Accusations and Human Rights Watch

by Avi Bell

Even More on the NSA Wiretapping Decision

by Julian Ku

Amnesty International Accuses Israel of War Crimes – Should We Care?

by Julian Ku

Opinio Juris Hosts Preview of American Political Science Association Roundtable

by Julian Ku

Starting Monday of next week, Opinio Juris is pleased to be hosting an online preview of a roundtable at the annual meeting of the American Political Science Association. Entitled “The Allocation of Normative Power to and among International Tribunals,” the roundtable will explore legal and political issues arising out of the rise of international tribunals and the increasing legalization of international relations.

The roundtable will take place at 2 p.m Friday, September 1 at the annual meeting of the American Political Science Association in Philadelphia (details can be found here).

The roundtable was organized by Professor Tomer Broude of the Hebrew University of Jerusalem Faculty of Law and Deparment of International Relations.* Professor Broude has gathered an impressive set of legal scholars including Opinio Juris’ own Roger Alford of Pepperdine, Jeffrey Dunoff of Temple, Allison Danner and Larry Helfer of Vanderbilt University, Kal Raustiala of UCLA, Thomas Lee of Fordham, and myself (Julian Ku of Hofstra).

Our plan is to kick off our roundtable a few days early here on Opinio Juris before convening in Philadelphia to hash out the rest of our thoughts. If you can’t join us in Philly, we hope you will enjoy and participate in our discussion here next week. See you on Monday!

*Corrected to include his full affiliation.

So How Bad Are Things in Iraq?

by Roger Alford

The “Credulous” Bin Laden Documentary

by Roger Alford

When Is a Judicial Decision an Abuse of Power?

by Kevin Jon Heller

Post on the IHT’s Appellate Process

by Kevin Jon Heller

LRA Agrees to Protect Rare Wildlife

by Kevin Jon Heller

The Geneva Conventions Achieve Universal Acceptance

by Kevin Jon Heller

Althouse on Judge Taylor’s Abuse and Larry Tribe’s Media Envy

by Roger Alford

Another great UN contribution to peace and security

by Avi Bell

On Executive Statements of Interest

by Roger Alford

Researching International Law in Domestic Courtrooms

by Duncan Hollis

Opinio Juris Welcomes Guest Blogger Avi Bell

by Peggy McGuinness

Can a Corpse Cross-Examine the Witnesses Against Him?

by Kevin Jon Heller

What if 9/11 Had Never Happened?

by Peggy McGuinness

Sing-along with CISG

by Peggy McGuinness

Fallows Call to Declare Victory

by Roger Alford

Throwing the Kitchen Sink at Warrantless Wiretapping

by Julian Ku

Extraditing Karr From Thailand

by Roger Alford

Yale Journal of International Law Call for Papers

by Chris Borgen

Gunter Grass Reveals His SS Past

by Kevin Jon Heller

The Problem of Violence Against Refugees

by Roger Alford

Nominees for the 2006 Martha Stewart Prize, International Division

by Duncan Hollis

Will the Lumber Wars Bring Down NAFTA?

by Julian Ku

Score One for the ICJ (with a little help from the Secretary General)

by Duncan Hollis

Scathing GAO Analysis of the 2006 Trafficking in Persons Report

by Kevin Jon Heller

Assessing the Effects of the Israel/Hezbollah Conflict

by Chris Borgen

One Year Later

by Roger Alford

Iran-Iraq Oil Deal

by Kevin Jon Heller

Reflections on Resolution 1701

by Roger Alford

The Powerpoint Slide for Reconstructing Iraq (and No, I’m Not Kidding)

by Kevin Jon Heller

Tribunal Roundup

by Kevin Jon Heller

Meet the New UNHRC: Same as the Old UNHRC?

by Peggy McGuinness

What Lieberman’s Defeat Means for the Democrats

by Peggy McGuinness

The New Face of Terrorism

by Roger Alford

Miami Bias Against Cuba On Appeal

by Roger Alford

Ninth Circuit Rules in Sarei v. Rio Tinto

by Roger Alford

Senate Ratifies CyberCrime Treaty: Should We Care?

by Julian Ku

Two New Websites on the UN

by Chris Borgen

Justice Kennedy’s Mystery Speech

by Roger Alford

Commemorating Hiroshima — Was it a War Crime?

by Kevin Jon Heller

First “Dirty War” Conviction in Argentina

by Kevin Jon Heller

Does it Matter if a Ceasefire Violates International Legal Principles?

by Peggy McGuinness

AALS National Security Law Section Call for Papers

by Peggy McGuinness

Uganda Says ICC Willing to Lift Indictments

by Kevin Jon Heller

Ugandan Rebels Declare Cease Fire; Will ICC Rescind Its Arrest Warrants?

by Julian Ku

Tricky, Tricky, Transnistria

by Chris Borgen

Reviewing Books for the New Criminal Law Review

by Kevin Jon Heller

Should German Soldiers Protect Israel?

by Kevin Jon Heller

Belgian Frites Are Still Better…

by Kevin Jon Heller

New International Crisis Group Report on Nigerian Unrest

by Chris Borgen

The Ballad of Common Article 3

by Duncan Hollis

Assessing the Legal Issues of the Moldovan Separatist Conflict

by Chris Borgen

When is an Agreement Not an Agreement? The Blair-Schwarzenegger Global Warming Pact

by Duncan Hollis

Case of the Month: Azurix v. Argentina

by Roger Alford