The folks at UN Dispatch say they have uncovered a conspiracy among conservatives to oppose Koh's nomination in what they describe is the "Dirty Fight Against Koh". The evidence is this draft letter to Senators Kerry and Lugar opposing Koh's confirmation. Thanks to Kevin's intervention, and Ed Whelan's gracious admission that he's gone a bit far in his rhetoric against his...
More disappointment from Bush 44: Lawyers and judges working on Guantanamo Bay legal cases are showing signs of exasperation at President Barack Obama's administration, which they accuse of slowing federal judicial procedures for detainees. Two federal judges tasked with examining cases by five Guantanamo prisoners contesting their detention -- a right to habeas corpus granted by the Supreme Court in June 2008...
Many thanks to Derek Jinks for his kind words on the article and deeply incisive comments. I will do my best to reply sequentially to the provocative issues he’s raised. 1. I agree that conceptual overlap of ad bellum and in bello does not necessarily pose a problem for IHL. Indeed, as Jinks says, some discrepancy based on the nature of the...
Thanks to the editors of Yale Journal of International Law and the hosts of Opinio Juris for the opportunity to comment on Rob Sloane’s terrific article, The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and the Jus in Bello in the Contemporary Law of War. The piece is, in my view, essential reading for law of war...
In the first place, I want to express my thanks to the hosts of Opinio Juris and to the editors of the Yale Journal of International Law for the opportunity to discuss this piece in a public forum—and, above all, to Derek Jinks for kindly taking the time to read and comment on it. What animated this article is my...
Ed Whelan ends his latest intervention into the debate about Koh by asking, "[c]an’t anyone out there engage in honest and competent debate?" A fair question -- so I thought it might be useful to take a quick look at what Whelan seems to think qualifies: I’ll take a brief break to respond to the vapid criticisms of my posts by...
I have tried to stay quiet in the ongoing “Koh Wars” in the blogosphere, where Ed Whelan seems to be taking on the entire legal academic blogosphere himself and getting in a bad mood about it. I am also conflicted. I am a former student of Professor Koh and I have always admired his energy, passion, and his willingness to...
I would first like to thank David for his thoughtful reply to my initial post. I will address his three main points briefly and in order. First, David raises a very fair set of questions regarding the choice and emphasis of my case studies. I deliberately chose three networks that were widely seen as successful in the literature, so that they...
All news is local, I guess, even in this supposedly globalized age. So it is not surprising that it took an attack on a U.S. ship with a U.S. crew to focus the American public's attention on the piracy problem off the coast of Somalia. But as readers of this blog can attest, the piracy issue has been flagged, addressed,...
It’s a pleasure to be able to comment on Pierre-Hugues Verdier’s excellent, if critical, article on networks. I respond as a defender: in my view, networks have notched some impressive achievements, and at their best, have become primary vehicles of international governance. From bank capital adequacy to mutual recognition on drug regulation to accounting standards, their list of...
I would first like to thank Opinio Juris for hosting this online symposium on my recent article, Transnational Regulatory Networks and Their Limits. Opinio Juris has quickly become an invaluable means of keeping up with current developments in international law, and I am delighted to have this opportunity to share my thoughts with you. In essence, the article sounds a cautionary...
The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in this third online symposium. Today, Friday, and Monday we will feature three Articles published by YJIL in Vol. 34-1, which is available for download here. Thank you very much to Peggy McGuinness and the other Opinio Juris bloggers for hosting and...
