The ICJ issued a decision today in a relatively inconsequential and somewhat silly case brought by Djibouti against France in the ICJ relating to a French criminal investigation of the 2002 death of a French judge in Djibouti. Djibouti alleged that France had violated its obligations under a 1986 Convention on Mutual Assistance in Criminal Matters and a 1977 Friendship,...
Nearly 100 nations have reached an agreement on a draft treaty to ban the use of cluster bombs within 8 years. This may or may not be a good idea. But since key cluster bomb producers and users like the United States, Russia, China, Israel, India and Pakistan are not signatories, the importance of this treaty, beyond...
Russia continues to keep the pressure on Canada in the race to claim rights over the seabed underneath the Arctic Sea. THE battle for "ownership" of polar oil reserves has intensified with Russia sending a fleet of nuclear-powered ice-breakers into the Arctic. It has reinforced fears that Moscow intends to unlawfully annex a vast portion of the ice-covered...
I have thought all along that bringing an ICJ case against Iran for "incitement to genocide" against Jews in Israel is a useless gesture (and one with a weak legal footing to boot). But former U.S. presidential candidate Mitt Romney seemed attracted by the idea, and now, new Australian Prime Minister Paul Rudd is saying that Australia...
Francis Boyle, a law professor at the University of Illinois, has "demanded" that Iran let him bring a case against Israel in an international tribunal, according to an Iranian news station. Boyle is quoted as saying: "I am ready to represent Iran in an international tribunal for trying the Zionist regime on charges of genocide of Palestinians and the blockade...
Next week we'll be hosting a discussion of our own Peter Spiro's Beyond Citizenship: American Identity After Globalization (Oxford University Press). As readers of this blog know, Peter has many wonderful insights into the way that citizenship and national identity interact in a globalizing environment. (His latest post on Pamela Anderson is just the latest lighthearted example of his much...
As Roger noted recently, John Ruggie, the United Nations secretary-general’s special representative for business and human rights, has released his third report on human rights and business. In this article, Ruggie offers a sensible and persuasive argument against codifying his principles of business conduct into a human rights treaty. I have three main reservations about recommending to...
Now that was fast. The U.N. Convention on the Rights of Persons with Disabilities was opened for signatures in March 2007. And it entered into force on May 3, 2008, barely a year later. Celebrations will be held on May 12, 2008 from 1:15 to 3:15 p.m. at the General Assembly Hall. Conspicuously absent from the...
Some clues to the types of judges a President McCain might appoint can be found in his speech today. Readers of this blog might be interested in McCain's criticism of Roper v. Simmons and its musings on international law. Sometimes the expressed will of the voters is disregarded by federal judges, as in a 2005 case concerning an aggravated murder...
I didn't notice until recently (and thanks to one of my Hofstra colleagues) that Pope Benedict's recent address to the United Nations included a rather learned disquisition on international law theory. The Pope has a pretty traditional liberal internationalist conception of things but it is certainly smart and sophisticated. Here is an interesting snippet, which might be...
I doubt there is any international law relevant to this emerging crisis in Bolivia, where certain regions are seeking "autonomy" (but not independence) from the central government. Still, it is serious enough to spur international action (the OAS is on the case). And perhaps it is a prelude to secession, and autonomy is laying the groundwork. I don't know...
Critics of the U.S. war on terrorism often suggest that it is not a "real war" and that it is merely a slogan. Indeed, many critics reject the "war" paradigm completely. That's a fair argument, but it is worth remembering that there are traditional war-like aspects of the war on terrorism that don't neatly fit in the law-enforcement...
