[John H. Knox is the UN Independent Expert on Human Rights and the Environment, and the Henry C. Lauerman Professor of International Law at Wake Forest University School of Law.] In 2012, the Human Rights Council appointed me to be its first Independent Expert on human rights and the environment, and asked me to clarify the human rights obligations relating to the enjoyment of a...
[John H. Knox is Henry C. Lauerman Professor of International Law at Wake Forest University School of Law] As Anthony Colangelo has already noted, the fundamental difference between the majority and the Breyer concurrence in Kiobel is that the majority opinion applies a presumption against extraterritoriality, and the Breyer concurrence a presumption against extrajurisdictionality. Kiobel illustrates how stark the difference can be. The majority’s...
[John Knox is Professor of Law at Wake Forest Law School] The Supreme Court’s decision to send Kiobel back for reargument on whether the Alien Tort Statute allows courts to recognize a cause of action for violations of the law of nations in foreign territory will focus attention on the presumption against extraterritoriality, as Anthony Colangelo pointed out in his recent...
[John H. Knox is a Professor at Wake Forest University School of Law] My Essay tries to answer a simple question (simple to state, anyway): What duties, if any, does human rights law place on states to address climate change? At first, the answer may seem equally simple. It may seem evident that climate change already violates human rights, including rights...
The final, synthesis part of the Fourth Assessment Report of the IPCC is being released today, in time for the Bali meeting of the FCCC conference of the parties, Dec. 3-14. Here's the summary for policymakers. Read it and weep. ...
What will international law look like in another generation? Extrapolating from current trends can be dangerous . . . but let's give it a try. One trend that’s well under way is the creation of universal international law. In his famous 1993 article by that name, Jonathan Charney argued that global problems require the creation of international...
Does anyone see any specific major changes in U.S. ratification of outstanding treaties, or participation in international organizations, under the next president, whoever she or he may be? I haven’t seen too many positions by candidates on specific treaties, but I may well have missed them, since I do my best to avoid presidential debates! I did come...
I’ve spent the last couple of days in an expert meeting on “the role of states in regulating and adjudicating the activities of corporations with respect to human rights,” hosted by the Danish Ministry of Foreign Affairs and the Danish section of the International Commission of Jurists. The meeting was designed to help inform John Ruggie, the Special Representative...
It may seem relatively obvious why duties owed by individuals to the state, of the type that were proposed for the Universal Declaration of Human Rights, are problematic: they can be used by states to limit its duties to individuals and thus limit the scope of their human rights. But what about the duties each of us owe to...
Many people don’t realize how close the modern law of human rights came to becoming a law of human rights and human duties. The first article of the first draft of the Universal Declaration of Human Rights, prepared by former McGill law professor John Humphrey, first director of the UN Human Rights Division, stated: “Everyone owes a duty to...
In “The Concept of Law,” HLA Hart famously gave a back-handed defense of international law as law, but pretty primitive law in comparison to municipal law. He suggested, however, that international law may be in a “stage of transition” towards acceptance of various elements that would “bring it nearer in structure to a municipal system.” That was nearly...
[John Knox is a professor at Wake Forest School of Law where he teaches international environmental law. This post is part of an Opinio Juris roundtable discussion of the international law dimensions of the Mass. v. EPA decision.] Roger’s, Dan’s, and Hari’s thoughtful posts explain why Massachusetts v EPA is an important case in several respects, particularly, of course, for...
