I think it’s over. As is true with notational wars, it takes another, more serious threat to take care of the displacement. The end isn’t in the way of armistice or surrender. The wars on drugs and crime continue to be fought under more prosaic headings, but they no longer have a hold on the national imagination. And in the...
Thou shalt not incite public curiosity. It is perhaps the most curious of international obligations. But there it is, expressly required in the Geneva Conventions: prisoners of war "shall be protected ...
Who would have thought that the US would emerge as the most committed supporter of the ICC in Darfur? From the "Hague Invasion Act" to protecting the Court from the spinelessness of its erstwhile supporters, the UK and France: "If asked—if forced to vote today—the United States, even if it was 191 countries against one, would veto an Article 16 [resolution],"...
Along with my co-author, Joshua Newcomer, I've posted a new article on SSRN -- "Political" Commitments and the Constitution. It's forthcoming in the Virginia Journal of International Law, so I expect readers will get a chance to comment on it here at Opinio Juris once it's in print as part of our regular VJIL symposia. But, we'd also welcome comments...
With all the attention to the bailout legislation last week, few noticed how much the Senate did on the treaty front. But, as I suggested in my recent post, the Senate had an opportuntity to set a record in terms of its treaty actions and it easily did so, passing resolutions of advice and consent for some 78 treaties (the whole list can be...
Some of my students have asked if there is some book that provides an entry level discussion of monetary issues and currency. One quite good recent book is Craig Karmin, Biography of the Dollar. Karmin is a Wall Street Journal reporter, and his book offers very good financial journalism (February 2008). It covers the history of the dollar and its...
The following post was written by Chimène Keitner, an Associate Professor at Hastings. Our thanks to her for contributing it. The Ninth Circuit issued a panel opinion this week in Abagninin v. AMVAC Chemical Corp., a corporate Alien Tort Statute (ATS) case that had largely been flying under the radar screen of many of us who follow these cases, myself included....
"I, for one, cannot think of anything more presidential than suspending your presidential campaign! Being president demands suspending all kinds of things: habeas corpus, Gitmo prisoners...
This just gets more and more interesting. Lt. Col. Vandeveld has said he will testify for the defense -- but only if he is given immunity from prosecution: Defense attorneys asked the judge to give Vandeveld immunity. "The suggestion he may have something criminal to hide is intriguing and suggests there is something very, very important this commission needs to get...
Here's the latest: the Western Climate Initiative among seven US governors and four Canadian provincial premiers, takes shape to create a market-based cap-and-trade emissions reduction program (report here from the NY Times). The program emerges from the terms of this February 2007 agreement. Leaving aside the question of whether this qualifies as a compact (sure looks like one), are this and similar undertakings...
I wish I could say I was surprised: Long before Mr. Hussein was hanged on Dec. 30, 2006, with supporters of Iraq’s new Shiite-led government taunting him as the noose was tightened around his neck, a pattern of intervention by powerful Iraqi officials had been established. The court’s first chief judge was dismissed under government pressure for giving Mr. Hussein too...
Noah Feldman has this long think piece in the New York Times Magazine. Feldman deftly describes for an intelligent lay audience a fork-in-the-road moment for the Court and its posture towards international law and institutions. We have the sovereigntists on the one hand and the internationalists on the other. Each had a major win last Term, the internationalists with Boumediene...
