I doubt it has a chance of passing, but it would be interesting to see how many votes this bill will get: A small group of U.S. lawmakers unveiled legislation on Thursday to withdraw from the North American Free Trade Agreement in the latest sign of congressional disillusionment with free-trade deals. The bill spearheaded by Rep. Gene Taylor, a Mississippi Democrat, would...
As Opinio Juris readers know, the U.S. Supreme Court heard arguments on Wednesday in the case of Samantar v. Yousuf (briefs and transcript available here), which asks the Court to interpret the 1976 Foreign Sovereign Immunities Act. Commentators, including OJ’s own Julian Ku, have reported that the Justices seemed “unconvinced by all sides” (Julian’s words) and that none of the...
Cross-posted at Balkinization This morning’s papers bring news from anonymous administration officials that “President Obama's advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal.” See The Post’s story here. While I always take such preview reports with a grain of salt (is it an official...
Wow! It's not a done deal, but it sure looks like Khalid Sheikh Mohammed is going back to a trial before a U.S. military commission, the Washington Post reports. President Obama's advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal, administration officials said, a step that...
UK Prime Minister Gordon Brown announced (h/t Jurist) proposals to circumscribe the applicability of Britain's universal jurisdiction law. The modification will likely cut back on the ability of private citizens to seek arrest warrants, by requiring a determination by a public prosecutor before issuing such warrants. The details are not clear, but the policy underlying it is: There is already growing...
Two different but interesting views of Australia's threat to bring Japan to the ICJ over whaling. Over at The Jurist, Don Rothwell of Australian National University provides some background and legal context for Australia's lawsuit. As I understand it, Australia could claim that Japan is actually violating Australia's 200 mile exclusive economic zone (assuming certain Australian Antarctic claims were accepted). But...
Last fall, the U.S. joined Egypt in a carefully worded statement in favor of free expression, but it raised concerns that the U.S. was implicitly endorsing the movement in many Islamic countries to ban blasphemous (or anti-Islamic) speech. In an otherwise anodyne address to the Chicago Council on Foreign Relations, U.S. Assistant Secretary of State for International Organization Affairs...
The Foreign Sovereign Immunities Act of 1976 is perhaps the most important example of the U.S. Congress exercising its power to implement and interpret international law principles as part of domestic law. It is a basic and foundational statute implicating almost all kinds of international litigation in the U.S. And it is a statute which the Supreme Court (and lower...
I am delighted to announce that Luis Moreno-Ocampo has appointed my friend and colleague Tim McCormack to be the Office of the Prosecutor's Special Adviser on International Humanitarian Law. From the announcement: Professor McCormack, from the Melbourne Law School at the University of Melbourne will help the Office of the Prosecutor to develop a solid understanding of complex legal issues such...
[caption id="attachment_11545" align="alignleft" width="90" caption=" "][/caption] The issues Professor Waxman raises about the relationship between international humanitarian law (IHL) and international criminal law (ICL) are of the highest importance to anyone interested in the regulation of warfare, or, indeed, in international regulation more generally. Certainly, the division of labor between IHL and ICL is not an inevitable one. To some degree, it...
[caption id="attachment_11549" align="alignleft" width="68" caption=" "][/caption] [Matthew Waxman is an Associate Professor of Law at Columbia University Law School.] I am delighted to comment on Professor Blum's provocative and thoughtful Article. The Article highlights in new ways a fundamental tension within international humanitarian law (IHL): that this body of law that disallows "lesser-evil" analysis in many contexts is itself a giant...
[caption id="attachment_11545" align="alignleft" width="90" caption=" "][/caption] [We are pleased to introduce the second part of the YJIL Online Symposium discussion of articles from Vol. 35-1. Today, we are delighted to host a discussion of Gabriella Blum's recent article with a comment by Professor Matthew Waxman later today. Professor Blum is an Assistant Professor of Law at Harvard Law School.]...
