They're not calling it that, but on April 24, 2009, Yale Law School is sponsoring a conference, Realistic Idealism in International Law, in honor of international law-giant W. Michael Reisman. Here's an excerpt from the conference announcement: Professor Reisman is the Myres S. McDougal Professor of International Law at Yale Law School, where he has been on the faculty since 1965....
Plaintiffs will apparently appeal yesterday's jury verdict in the Chevron ATS case. In the meantime, as we contemplate a new Administration, it's worth considering, how, if at all, USG views will shift with respect to litigation under the Alien Tort Claims Act (a.k.a. the Alien Tort Statute (ATS)). Although he offered his views in full advocacy mode for...
For the last few weeks, popular culture has become reacquainted with the less romantic side of piracy. (For the romantic side, picture my 2 year old running around my living room -- yes, this Thanksgiving morning -- dressed with eye patch, bandana, "puffy pants" and a plastic sword yelling "arrgh" at the top of his lungs.) But, with seizures of...
As was widely reported, the United States and Iraqi negotiators (finally!) concluded negotiations last week by signing the text of a U.S.-Iraq Status of Forces Agreement (SOFA). Both sides now need to go through their respective domestic approval processes before exchanging the necessary notifications to bring the SOFA into force. In Iraq, that process includes parliamentary approval, which is not a slam dunk if...
[caption id="attachment_5673" align="alignright" width="176" caption="Prof. Joel Trachtman"][/caption] Back in 2005 when Jack Goldsmith and Eric Posner published their book, The Limits of International Law, they garnered a lot of attention for promoting the application of rational choice theory to international law (IL), and, equally importantly, suggesting that this method showed IL to have much less influence than conventional wisdom suggested. And the...
Friends often ask me what my favorite treaty is (OK, none of my friends ask me this, but they should). I'd have to say the 1909 U.S.-Canada International Boundary Treaty (BWT) ranks right up there -- for nearly a century it has dealt, mostly successfully, with all sorts of questions relating to the shared water resources of the U.S. and Canada,...
[caption id="attachment_5503" align="alignright" width="250" caption="Malé, Maldives"][/caption] This week's news out of the Maldives is the sort of story that makes international lawyers salivate. It has something for everyone, bringing together issues of democracy, transitional justice, climate change, the law of the sea, not to mention good, old-fashioned sovereignty. On Tuesday, Mohamed Nasheed was sworn in as the archipelago's new President, ending...
While Peggy, Peter and Ken have provided more overarching views of the impact of Obama's election and his coming presidency, those readers ready to get into the weeds of what Obama will do when it comes to international law should check out his responses to an ASIL survey done back when the primaries were still in full swing. You can access...
Looking for a break from the round-the-clock U.S. election coverage today? Then, check out the news stories coming out of Taiwan this morning. The head of the highest-level PRC delegation to visit Taipei since 1949 has signed a series of instruments with his Taiwanese counterpart on a range of economic topics: Taiwan and China signed a range of deals on Tuesday...
The last few weeks have seen a flurry of news stories on Iraqi political resistance to the "final" text of a U.S.-Iraqi status of forces agreement ("SOFA"). Last week, the main storyline was that the Iraqi Parliament had better accept the agreed text or else, while the Iraqi Parliament gave every indication they would delay any decision till after U.S. and Iraqi elections. This week the new...
I'm just back from 9 days in Madrid -- my first visit, and it was great. Of course, while there I couldn't ignore the international law-related story of the day. Judge Baltasar Garzón (of Pinochet, al Qaeda, and Eta fame) is at it again. This time he's agreed to open a criminal investigation into thousands of disappearances and executions surrounding...
[caption id="attachment_4979" align="alignleft" width="118" caption="Sir Eli"][/caption] So, how much of a public international law wonk are you? If, like me, you are fascinated not only by the structure and substance of international law, but also the personalities that helped shape it, then you need to check out this oral history done by the Squire Law Library of Cambridge University with Sir...
