I am very grateful to Oliver Gerstenberg for commenting on my paper. As always, Oliver’s illuminating comments go to the heart of the matter. His defense of a minimalist approach to the ECJ offers an alternative to the presumably “maximalist” proposal I defend in my article. I accept this label for the purpose of our exchange. At one level, Oliver...
[Dr. Oliver Gerstenberg is Reader in Law at the University of Leeds. Dr. Gerstenberg is one of the leading scholars in this field.] Would the European Court of Justice (ECJ), as Vlad Perju suggests, benefit from a “discursive turn” (338); brought about by “allow[ing] its members to enter separate opinions” (309); in an effort to “politicize” EU law (327)—with the long-term...
[Vlad Perju is Assistant Professor of Law at Boston College Law School] I thank Opinio Juris and the editors of the Virginia Journal of International Law for providing this forum to discuss my recent article on Reason and Authority in the European Court of Justice. I am also grateful to Oliver Gerstenberg for kindly agreeing to comment. I start this project...
The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles recently published by VJIL in Vol. 49:2, available here. On Tuesday, Professor Vlad Perju of the Boston College Law School will discuss his article Reason and Authority in the European Court of Justice. Professor Perju’s article...
I am unclear as to one thing in the Executive Order issued by President Obama regarding interrogation practices. The text of the Executive Order is here. It provides that the CIA must conform to the Army manual with respect to interrogation techniques, but says (bold-face added): (b) Interrogation Techniques and Interrogation-Related Treatment. Effective immediately, an individual in the custody or under...
NPR's Fresh Air with Terry Gross has a great interview with P.W. Singer of Brookings (and coordinator of the Obama campaign's Defense Policy Task Force) about his new book concerning battlefield robots, Wired for War. Ken and others have written extensively about the use of battlefield robots on this blog and elsewhere, so I won't re-hash the various legal, moral,...
Yesterday Barack Obama signed an Executive Order directing an immediate review of al-Marri's status. "The Review shall expeditiously determine the disposition options with respect to al-Marri and shall pursue such disposition as is appropriate." So what should the Supreme Court do with the al-Marri case now? As I noted earlier this month, Obama essentially has the choice...
I have a new paper up on SSRN, appearing shortly in the Wayne Law Review, The Assumptions Behind the Assumptions in the War on Terror: Risk Assessment as an Example of Foundational Disagreement in Counterterrorism Policy. Here is the abstract from SSRN, with apologies from the Department of Shameless Self-Promotion: This 2007 article (based around an invited conference talk at Wayne...
Just before President Clinton left office and on the last day it was open for signature, the United States signed the Rome Statute of the International Criminal Court. The Bush Administration would later, through John Bolton, inform the United Nations that the United States did not intend to ratify the treaty, thereby removing any obligations associated with the U.S. signature...
I'm not familiar with these things, but it strikes me as a bit odd that the Obama Administration is leaking draft versions of its executive order on Guantanamo. Just release it, already! You are the President now! In any event, the draft order does take a fairly hard line on closing Gitmo, but it leaves itself plenty of wiggle room. ...
Philippe Sands and Dahlia Lithwick have kindly responded to my post about CAT and the prosecution of torture suspects. Here is their response: We don't believe we are in disagreement on the approach to the obligation under CAT, under Articles 7(1) and (2). The obligation is to "submit the case to its competent authorities for the purpose of prosecution". What happens...
Although a DC resident, I couldn't persuade myself or my wife to brave the crowds or the cold to attend the inauguration yesterday, and instead watched it instead with a group of friends on hdtv. Leaving aside Chief Justice Roberts fumbling the oath (see last graph in this post for President Obama retaking the oath on January 21), some of...
