As Julian noted earlier, the Ninth Circuit, in an opinion written by Judge Kozinski, has decided that anti-whaling activism qualifies as piracy if it involves violence against a ship on the high seas. I'm running short for time right now, but I want to briefly respond to Kozinski's key claim about the traditional understanding of piracy's "private ends" requirement (p....
In a tartly worded opinion, the U.S. Court of Appeals for the Ninth Circuit has reversed a lower court and granted a group representing Japanese whalers a preliminary injunction against the protest activities of Sea Shepherd. Here is Judge Alex Kozinski's instantly quotable opening to the opinion: You don't need a peg leg or an eye patch. When you ram ships;...
Some leading Chinese scholars and prominent Chinese activists have been circulating a letter on Chinese social media calling for the National People's Congress (China's legislature) to ratify the International Covenant on Civil and Political Rights (ICCPR). Here is an excerpt from the letter, which is carefully worded not to challenge the authority or the accomplishments of the current government. 2....
Matt Bors takes the lead, at least for today: ...
The Associated Press has released a translation of a jihadist instruction manual (.pdf) of how to avoid being a victim of a drone strike found in a pile of garbage in Timbuktu, Mali. As thousands mourn the death of a Palestinian prisoner in an Israeli jail, fears of a revolt grow. The U.N. has called for an investigation into the death reportedly caused by torture. A rocket has been...
South Korea has inaugurated its first female president, Park Guen-Hye, who now faces regional tensions amid North Korea's nuclear testing. In one of her first moves as president, she demanded an end to nuclear ambitions by North Korea. Afghanistan's president, Hamid Karzai, has expelled US special forces from the key battleground Wardak province, because, according to Karzai's spokesperson, some US soldiers...
Last fall, I was very pleased that, in conjunction with the publication of my book -- The Oxford Guide to Treaties, Opinio Juris was able to host an interesting (and I hope useful) discussion of the current state of international law on treaty reservations, including some prominent reactions to the ILC's recent Guide to Reservations by Harold Koh, Marko Milanovic, David Stewart and...
Events On March 22, The Vermont Law School Chapter of the Federalist Society and The International Law Society at Vermont Law School are organizing Reaching Critical Mass: International and U.S. Law in the Wake of Modern Exigencies. The conference will explore the delicate balance between combating modern security threats, observing international law, and protecting human rights and civil liberties. Registration is...
If you’re interested, I’ll be on C-SPAN Book TV tomorrow, Sunday, February 24, at 1:20 pm, talking about my book, Living With the UN: American Responsibilities and International Order. It runs about half an hour, and though I have no idea whether I’m especially interesting on the program, I very much enjoyed doing it – I thought the interviewer was...
That may seem like a ridiculous question. After all, Libya is doing everything in its power to prosecute Saif domestically -- and he is facing a variety of charges that carry the death penalty. But consider the text of Art. 17(2), the "unwillingness" prong of the the admissibility test: In order to determine unwillingness in a particular case, the Court shall...
As I have explained before, Libya's admissibility challenge must fail if it cannot ensure that the militia in Zintan who have Saif custody will transfer him to the government to stand trial, because Art. 17(3) of the Rome Statute deems a state "unable" to prosecute if, "due to a total or substantial collapse or unavailability of its national judicial system, the...
This week on Opinio Juris, Julian returned to his old favourite of the Whale Wars, and argued that the US courts can most likely exercise personal jurisdiction over Sea Shepherd, even in relation to its movements in the Southern Ocean. Julian also covered a more recent favourite: the Philippines' UNCLOS arbitration against China. He first reported on an article in the Chinese press...
