So says Ashley Samuelson of the Becket Institute. I'm not sure there has been a policy shift yet, but it is worth watching. “Freedom of worship” first appeared in a high profile speech in Obama’s remarks at the memorial for the victims of the Fort Hood shooting last November, a few months after his Cairo speech. Speaking to the crowd gathered...
The usual meeting of U.S. governors this year has an added wrinkle: the participation of premiers from Canadian provinces. Provincial leaders wrapped up three days of meetings with U.S. governors in Washington, D.C., on Sunday and Manitoba Premier Greg Selinger said the unprecedented get-together paves the way for improved relations between Canada and the U.S. “It’s the first time the governors and...
The release of the final report on the Yoo/Bybee "torture memos" reminds us of how government lawyering can intersect with the interpretation of international law. And so just in time, the Yale Journal of International Law will be hosting a conference next Friday, February 26, on "Government Lawyering and International Law." Harold Koh, John Bellinger, and lots of other less...
After five years, the U.S. Department of Justice has finally released its report of its internal investigation into the legal advice provided by its attorneys that became known as the "Torture Memos." The lead investigator was the Office of Professional Responsibility (OPR) which issued a report recommending referring John Yoo and Jay Bybee to their state bars for disciplinary proceedings....
I had almost forgotten about this ongoing dispute between Australia and Japan over whaling, which has been going on for years (and which I first noted on this blog way back in 2005). The Australian Prime Minister warned Japan yesterday that if whaling doesn't stop by November, Australia will take Japan to court, either the ICJ or the International Tribunal...
One small followup on Sarah Cleveland's articulation of an "Obama-Clinton" approach to international law. In her UVA address, she notes that more treaties have been deposited and ratified in the past year than in any other year in U.S. history. This is no doubt true, but it is odd that she (or the Obama-Clinton Administration) would take credit for it....
Alan Dershowitz has a very short but persuasive assessment of the legal issues arising out of the alleged Israeli assassinations of a Hamas leader in Dubai. So if the Israeli Air Force had killed Mabhouh while he was in Gaza, there would be absolutely no doubt that their action would be lawful. It does not violate international law to kill a...
My former law firm colleague Natalie Klein (now a law prof at Macquarie) calls out aggressive anti-whaling protesters, suggesting they could be liable for piracy. WHEN Sea Shepherd Conservation Society member Pete Bethune climbed from his jet ski on to Japanese whaling ship the Shonan Maru 2 and presented a demand for money following weeks of hostile encounters between the whalers...
I had the good fortune of participating in a symposium last week sponsored by the University of Virginia Law School's John Bassett Moore Society. Entitled "The Obama Impact", the symposium explored the impact of the new administration on international law and policy. I have already shared my views on this subject here and I took the opportunity during my visit...
I don't know about this lawsuit, presumably filed under the Alien Tort Statute, but it should be interesting.* A Northwestern University law professor has sued the Hungarian State Railways on behalf of Jews deported to camps during World War II. Anthony D'Amato, who teaches international law, is seeking compensation for property stolen from Hungarian Jews, the Chicago Tribune reports. In a brief...
The Convention on Cluster Munitions, which bans "cluster bombs," received its 30th ratification yesterday when Burkina Faso and Moldava deposited their ratifications. The treaty, which was signed back in 2008, set 30 as the number of nations needed for it to go into effect. It will now become active on August 1, 2010. Apparently, this treaty was spearheaded by New...
Conservatives and human rights groups have rightly pummeled the new UN Human Rights Council as a deeply problematic institution, characterized by a strange obsession with Israel. But the Obama Administration joined anyway, despite criticism, and they won a small payoff this week in Geneva. The HRC finally got tough (well, at least they focused on) someone other than Israel. The...
