In association with the International Commission of Jurists

Recent Posts

17 Oct

[Tai-Heng Cheng is the international disputes partner of Quinn Emanuel Urquhart & Sullivan, LLP in New York.  Views expressed here do not necessarily reflect those of his firm or its clients.] Congratulations are due to the authors of Informal International Lawmaking, and especially to the editors, Professors Pauwelyn, Wesssel and Wouters, for their keen observations and appraisals of the global decisionmaking...

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17 Oct

[Ramses Wessel is Professor of the Law of the European Union and other International Organizations at the University of Twente] In Part II we focus on the legal nature of informal international lawmaking. Perhaps ironically the question of whether IN-LAW should be perceived as forming part of the ‘legal universe’ is one of the most prominent ones addressed in this book. The...

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17 Oct

The D.C. Circuit’s decision overturning Salim Hamdan’s military commission conviction on the grounds that “material support for terrorism” is not a war crime under international law is significant in a host of ways. Steve Vladeck lists a few over at Lawfare. Beyond that, it strikes me that the decision offers a handful of indicators Congress might especially note....

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17 Oct

The media and blogosphere are predictably -- and justifiably -- abuzz about Candy Crowley pointing out that Romney was wrong when he claimed it took Obama two weeks to label the Benghazi attack an "act of terror."  More interesting, though, is the push-back from Romney surrogates like Ed Gillespie, who said afterward that "[s]he was wrong about it, no doubt...

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17 Oct

South Sudan's Parliament has ratified a border and oil deal with Sudan, which includes a demilitarized zone between the two states. The EU has placed new sanctions on Iranian oil, gas and tanker companies, the effects of which Iran calls futile. In related news, A NYTimes article describes the impact of European sanctions on Iran's ability to keep the money printing presses going. Invoking humanitarian reasons, the UK...

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16 Oct

[David Zaring is Assistant Professor of Legal Studies and Business Ethics at the University of Pennsylvania's Wharton School] Pauwelyn, Wessel, and Wouter’s excellent book, which in turn marks the fruition of a project on informal international lawmaking that they dub IN-LAW, is pretty good on the theory end of things, which is what this post will look at, and also critique....

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16 Oct

[Joost Pauwelyn is Professor of International Law and Co-Director of the Centre for Trade and Economic Integration, Graduate Institute of International and Development Studies in Geneva.] The result of a two-year research project (involving over forty scholars and thirty case studies), this edited volume addresses a phenomenon we labeled “informal international lawmaking” or IN-LAW. We chose the word “informal” as it is...

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16 Oct

Over the next three days we are bringing you a discussion of a brand new book, edited by Joost Pauwelyn (Graduate Institute of International and Development Studies, Geneva), Ramses Wessel (University of Twente, The Netherlands) and Jan Wouters (University of Leuven, Belgium), on Informal International Lawmaking, published by Oxford University Press. Here is the abstract provided by the publisher: Many international...

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16 Oct

U.S. Secretary of State Hillary Clinton assumed responsibility for last month's deadly attack on the U.S. diplomatic mission in Benghazi, Libya. Commentary on this move from PrawfsBlawg can be found here and Foreign Policy analysis, here. The International Tribunal for the Former Yugoslavia begins trying its last suspect, Goran Hadzic, today. Also on the ICTY docket today, Radovan Karadzic has begun his defense...

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15 Oct

Argentina is, to put it bluntly, one of the world’s greatest sovereign deadbeats, defaulting on its sovereign bonds more than once as well as bearing the distinction of being the world’s number one respondent in ICSID arbitration claims (or at least close to number one).  Last week, the ongoing struggle between foreign creditors and Argentina found a new flashpoint as...

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15 Oct

From the government brief arguing that the media and witnesses in the 9/11 trial should not be permitted to hear the defendants describe being tortured by the US government: "Each of the accused is in the unique position of having had access to classified intelligence sources and methods," the prosecution says in court papers. "The government, like the defense, must protect...

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