The Economist has a short article discussing EU proposals for financial regulation reform, in the July 4, 2009 issue, "Divided by a Common Market." The article is not persuaded that EU regulatory reforms, divided on at least two fundamental matters, will get very far, very soon: The EU remains riven by two deep divides on the regulation of finance. The first is...
Thomas Barnett has pointed out a map in Business Week that is coded for the sovereign bond rating of each country (the map is a click-through from this page). What Barnett calls the "Old Core" (the U.S., Canada, western Europe, etc.) tend to have the highest ratings, the "New Core" (Brazil, Russia, India, China and other rising powers) have the...
Next week looks to be a busy one on Capitol Hill. As the Obama Administration Task Force on Detention nears its initial July 21 reporting deadline, both the House Judiciary and Senate Armed Services Committees will be holding hearings on a closely related topic: legal issues surrounding the use of military commissions to try offenses against the law of war....
That's the question underlying my new essay, The Rise of International Criminal Law: Intended and Unintended Consequences, in the European Journal of International Law (Vol. 20, No. 2, June 2009). And I'm very curious as to whether anyone else shares my general feeling that the very success, on important metrics, of international criminal law is tending to swallow, as it...
I expect sloppy reporting from the traditional media, but not from the normally excellent FP Passport. So I was surprised to read the following in a post by Michael Wilkerson implying that the ICC has accomplished almost nothing: But with so much scorn and a suspect arrested for only one of its outstanding warrants -- former Congo rebel commander Jean-Pierre...
Robert Petit, the International Co-Prosecutor, is resigning effective September 1: In a statement, Robert Petit said he would be stepping down as of 1 September for personal and family reasons. “It has been the greatest privilege of my career to have the opportunity to bring some justice to the victims of the crimes of the Khmer Rouge,” he said. “I remain convinced...
I don't know whether one should believe this or not; via Megan McArdle, via Newmajority.com, which links to a news-service I have occasionally read, Avanova, but whose page comes up empty on my browser. I'm going to ask Eugene Kontorovich what he thinks (delighted to have Eugene guest-blogging with us!). Is this remotely plausible or urban legend? So, with all...
Let me follow up on Julian's post and add that Harold Koh was equally derisive of signing statements during the Bush Administration. Here's the transcript and video of an exchange between OLC nominee Dawn Johnsen and State Department Legal Adviser Harold Koh at the 2006 annual meeting of the American Constitution Society. Just a few choice excerpts that...
Apparently, that bastion of freedom and human rights didn't get the memo that Holmes' infamous comment in Buck v. Bell -- that "three generations of imbeciles are enough" -- isn't exactly viewed as a shining moment in US constitutional jurisprudence: Rwanda is being urged to drop a draft law which would forcibly sterilise people who are mentally disabled. US-based campaign group Human...
Was I unfair in calling Barack Obama "hypocritical" in issuing his (otherwise sensible and constitutional) signing statements last week? Hypocrisy is a strong charge. On the other hand, Obama explicitly denounced the "theory of George Bush that he can make laws as he is going along" by using signing statements and then flatly promised not to use any such statements...
The ICC's case in support of the genocide charge is taking a beating, as this Washington Post article details. The problem might be Moreno-Ocampo's erratic leadership, or it could be the ICC as a whole has too many brilliant ambitious lawyers with not nearly enough to do. So they are quietly undermining Moreno-Ocampo by resigning or by writing articles critical...
Ordinarily I wouldn't post the table of contents for a symposium in an international law review, but let me herewith make an exception: 10 Chicago Journal of International Law 1 (Summer 2009) Symposium: GREAT POWER POLITICS The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia Christopher J. Borgen 10 Chi...
