March 2018

[Mark Pollack is Professor of Political Science and Law, Director of Global Studies, and Jean Monnet Chair at Temple University in Philadelphia.] Reading Karen Alter and Larry Helfer’s Transplanting International Courts took me back, involuntarily, to graduate school, and more specifically to a moment of (in retrospect) misplaced outrage during my first-year International Relations Field Seminar. The professor in that seminar,...

[Alexandra Huneeus is a Professor of Law at the University of Wisconsin Law School.] Perhaps the most powerful lesson of Transplanting International Courts is to beware our own parochialism. After all, the only thing new about the Andean Court of Justice (ATJ) when Karen Alter and Laurence Helfer first noticed it was that US-based scholars had begun to take note. The...

[Karen J. Alter is a Professor of Political Science and Law at Northwestern University and a Permanent Visiting Professor at iCourts. Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law at Duke University, and Permanent Visiting Professor at iCourts.] This Opinio Juris blog engages our findings about the Andean Tribunal of Justice, published in our book Transplanting International Courts: The Law and Politics of the...

Reminder As Kevin mentioned, we are conducting an Opinio Juris reader survey. Please see more about that here and the link to the survey here. Thanks in advance for your participation! Call for Papers The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre is a journal specialised in matters of...

[Carlos Lopez is a Senior Legal Adviser at the International Commission of Jurists.] The “humanitarian pardon and grace” granted by Peruvian President Kuczynski to former President Fujimori on the eve of Christmas 2017 has spurred significant political and legal controversy in Peru and abroad. Predictably, the Presidential pardon and grace –a discretionary measure for the President under Peruvian Constitution of 1993- are being...

[William S. Dodge is Martin Luther King, Jr. Professor of Law at the UC Davis School of Law. He currently serves as a co-reporter for the Restatement (Fourth) of Foreign Relations Law.] In a recent post, Dean Austen Parrish took issue with some statements about the customary international law governing jurisdiction in the Restatement (Fourth) of Foreign Relations Law. The occasion...

Dear readers, As part of some exciting changes coming to Opinio Juris in the next month or so, we are completely redesigning our website. To that end, we would greatly appreciate your taking some time -- about 10 minutes -- to fill out our Readers Survey. You can find the survey by clicking here. We will leave the survey open for two...

[Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. This post is a response to the recent Trump Administration and International Law Symposium hosted on Opinio Juris.] Can international law save itself from Donald Trump? Since Election Night 2016, that question has haunted me across many issue areas. Professor Craig Martin and the Washburn Law Journal editors generously invited me...

[David Hughes is a Grotius Research Scholar at the University of Michigan, Law School and a PhD Candidate at Osgoode Hall Law School in Toronto.] On 6 December, President Trump signed a Proclamation recognizing Jerusalem as Israel’s capital and ordering the relocation of the American Embassy from Tel Aviv. The announcement reflects the long-standing will of Congress. It is consistent with...

[Róisín Pillay is Director of the International Commission of Jurists (ICJ) Europe Programme.]  The European Court of Human Rights is once more facing a political challenge to its role, in proposals for a new political declaration put forward by the Danish Presidency of the Council of Europe.  That the Court’s extraordinary success in advancing human rights protection in Europe provokes the dissent...