Curtis Bradley and Jack Goldsmith have a nice piece in Green Bag on foreign sovereign immunity as applied to current and former government officials. The article tees up the issues that will be presented in Samantar v. Yousef. Here is a key part of their argument: We agree with those courts that have concluded that suits against individual foreign...
Harvard Law School is hosting in a couple of week what is certain to be a very interesting small conference on the Alien Tort Statute. I was lucky enough to be one of the invitees, addressing the issue of corporate liability under the ATS. I address the issue of corporate liability under the ATS, but am actually interested in it...
I've wanted to mention for a while that international law scholars might want to keep in mind the surprisingly large number of English language international journals that publish outside the United States or English-speaking countries such as those places where KJH hangs out. It's been on my mind as I have a piece coming out later on this year from...
Kristen Boon of Seton Hall Law School (and occasional Opinio Juris guest-blogger) has sent in the following call for questions/ topics for a roundtable at International Law Weekend entitled Overlapping Threats / Overlapping Jurisdictions: International Law in the Face of New Threats to Peace and Security. She writes: Climate change, swine flu, the global financial crisis, and drug trafficking pose significant...
The Washington Post reports that a prominent Democratic fundraiser and close ally of Senator John Kerry (chairman of the Senate Foreign Relations Committee) is seeking to be permitted to lobby on behalf of the current Sudanese government. This may seem a little weird, and even morally distasteful, but it is another logical consequence of the engagement strategy. As the hopeful...
I'm pleased to note that Glenn Reynolds and I have a new short opinion piece up at Forbes.com, Bombing the Moon. It takes the hook of the LCROSS mission last week to shift gears from explosions on the Moon to ...
I had the good fortune to be invited to lecture to Jack Goldsmith's class on Cyberwar and Cybercrime at Harvard Law School last week to discuss my arguments for why we need new international law rules for cyberconflicts. While there, a student flagged for me a new journal--the Harvard National Security Journal--that's literally and figuratively coming on-line right now. Here's how their web-page...
Charli Carpenter has an interesting short commentary over at RFE/RFL discussing the recently released fact-finding report on the Georgia-Russia war. I have not had a chance to read the report, so I won't comment myself (I said something about my experiences as a human rights monitor of the early 1990s phase of the civil war, and then followed up with...
It's good to be back battling with my fellow co-bloggers. I still owe Chris and Deborah a response on other matters, but let me just briefly respond to Kevin's smart but still not entirely convincing post. It's not that I have any serious rebuttal of Kevin's legal analysis of the Honduras Constitution (and I apologize for my boo-boo on the...
I have no expertise in this area, so I'm not going to opine on the legality of Zelaya's ouster. Two things, however, are worth noting. First, the report that Julian mentions was not written by the Congressional Research Service -- a mistake that others on the right have made. It was written by the Law Library of Congress. Second, the...
Senator Jim DeMint of South Carolina weighs in today with a WSJ oped blasting the Obama Administration's policy toward Honduras. Putting aside the merits of DeMint's analysis for the time being, I found his oped interesting for two reasons: one having to do with DeMint's somewhat sketchy actions, and the other with Harold Koh's potentially sketchy legal advice. 1) "One Voice"? DeMint is...
I don't usually plug products on the blog, but I'm going to make an exception for the Ectaco C-Pen 20, the pen scanner that I've been using to organize the research for my book on the Nuremberg Military Tribunals: I don't know how others work, but I write a very detailed outline of an article and then cut-and-paste all...
