March 2009

I was very happy to hear last week the news that Dean Harold Koh of Yale, someone I have known for many years and whom I greatly admire, was being nominated to head the State Department’s Office of the Legal Adviser. It’s one of those picks that just makes sense: Koh is widely respected in the legal profession (among lawyers with a...

I recently posted an invite to a Chatham House international law discussion group about the new African Court on Human Rights.  The event was obviously a rousing success, as the following report by Sonya Sceats indicates: Last Monday night (23 March 2009) at Chatham House we were very privileged to host a fascinating discussion about Africa's new regional human rights court,...

[caption id="" align="alignleft" width="420" caption="Bonn Negotiations Get Underway"][/caption] The climate change “negotiations” resumed this week in Bonn.  I put “negotiations” in quotes (or as they say here in England, “inverted commas”) because there has been little negotiating over the past 18 months since the Bali Action Plan was adopted. (The UNFCCC web site characterizes the sessions this week as “talks”.)  Indeed,...

Oy vey iz mir.  The blogosphere is positively abuzz (see here and here) with the news that the ICTY Trial Chamber has used my post about meeting Dr. Karadzic to supports its recent decision that he speaks English for purposes of the Statute and Rules of the Tribunal, a decision that relieves the Prosecution of the obligation to translate its...

A quip that is often heard at gatherings international lawyers is "If I were [insert name of some prominent Bush Administration official], I wouldn't plan on any more vacations in Europe."  Well, after all the talk of possible European prosecutions of one or more officials from the previous administration, the possibility has now taken a step closer towards becoming reality....

Complex Terrain Laboratory, where several OJ people sometimes participate, is hosting an online discussion next week on PW Singer's new book on robotics and war, Wired for War.  We have mentioned this book in the past, and OJ has a number of posts on battlefield robotics in the last year or so.  Singer is participating in the CTLab symposium and,...

Last month, the UNEP Governing Council voted to begin negotiation of a treaty on mercury pollution.  The negotiations will start next year and are supposed to conclude in 2013.  Meanwhile, negotiations on the future of the international climate change regime will resume next week in Bonn, aimed at reaching an agreement at the Copenhagen Conference in December. The development of any...

In response to my previous posts on the correct interpretation of Article 58, Alex de Waal asked three lawyers to answer the following two questions: 1. Did the Pre-Trial Chamber misinterpret Article 58's "reasonable grounds" standard? 2. If so, does the Prosecution Application establish reasonable grounds to believe Bashir is responsible for genocide? It's an interesting survey.  Two of the three lawyers agreed...

As usual, I’m likely last online to note the now-official news of Harold Koh’s nomination to be Legal Adviser at the U.S. Department of State. For what it’s worth, we’d seen it coming. If the Senate has any sense, the nomination will sail through. I can’t imagine a candidate more qualified. Congratulations Dean Koh! And now back...

The IMF is much under discussion these days as the global recession deepens and spreads.  I invited Daniel Bradlow (professor at my school, Washington College of Law, and head of our international legal studies program, as well as long time advisor on Africa to the development banks and institutions, and SARCHI professor of international development law at the University of...