Recent Posts

As I mentioned a few weeks back, I've been collecting treaty clauses for my book, The Oxford Guide to Treaties, on everything from NGO participation in treaties to their denunciation.  In doing so, I tried to cast a wide net, sampling treaties from a wide variety of bilateral and multilateral contexts involving all sorts of States and all sorts of subjects....

The National Security Council has confirmed to Al Jazeera that the US has thwarted an airline bombing attempt by Yemen-based al-Qaeda in the Arabian Peninsula. There has been a mass defection of Sudanese troops to South Sudan in the clash between the two nations. In other al-Qaeda news, an American aid worker, based in Lahore, has made a video pleading with President...

Things are getting ugly at the ICC.  The Office of Public Counsel for the Defence, which has been appointed to protect Saif Gaddafi's interests at the Court, has now moved to disqualify Moreno-Ocampo from Saif's case on the ground that he "lacks the requisite impartiality to direct the investigations and prosecutions" because of his "repeated failure to respect the presumption...

. . . your fourth-grader is being taught about the Convention on the Rights of the Child.  Mine had a class last week in which the class was divided into groups, each one given a provision of the treaty, about which they had to develop responses and questions.  His group got article 27, recognizing a child's right to an adequate...

The Liberty Forum has just posted a debate on sovereignty in the age of globalization between John Yoo, John Cerone, and yours truly. Here's a taste of the exchange, which I encourage you to read in its entirety. From John Yoo's post: Globalization has led to (1) the explosive growth in international trade; (2) the swift creation of international markets in...

Remarkably big news week last week in U.S. law and security matters – alas one that happened to coincide with the final week of our law school semester. So with apologies for belatedness, I wanted to catch up on a few things I missed, starting with the military commission trial of some of the accused conspirators in the attacks of...

The UN Special Rapporteur on the Rights of Indigenous Peoples concluded his report in the United States Friday, warning that historical wrongs-particularly the loss of lands-continue to have an impact on Native American communities and calling on the US to step up efforts to address injustices. Reports have surfaced of child soldiers in rebel ranks in Mali; Human Rights Watch has a report...

Last week’s announcements can be found here. If you are organizing a conference or other event and would like to see the call for papers or the program announced on Opinio Juris, please contact us. Calls for Papers Applications for the Helsinki Summer Seminar on International Law (August 21-30, 2012 ) on International Law and Capitalism: Exploring the Legal Architecture of the Global Political Economy close...

This week on Opinio Juris, Chen Guangcheng’s escape to the US Embassy in Beijing did not go unnoticed. In a first post, Julian Ku discussed how Chen would not get political asylum at the Embassy. Peter Spiro followed up with his thoughts on diplomatic asylum. After Chen’s departure from the US Embassy, Julian asked whether the US or China violated international law. Julian also had a closer look at the content and legal status of the US-Afghanistan Strategic Partnership Agreement that Obama went to sign in Afghanistan. Duncan Hollis posted three first impressions from a recent conference at the US Naval Academy on the Ethics of Military Cyber Operations. Further on novel military operations, Ken Anderson posted a summary of his recent article, co-authored with Matthew Waxman, on the Law and Ethics for Robot Soldiers. Kevin Heller welcomed Communis Hostis Omnium, a blog on maritime piracy, to the blogosphere. He posted on Benjamin Netanyahu’s terrible week and analysed Libya’s challenge of the admissibility of the ICC cases against Gaddafi and Al-Senussi. He then addressed the question, raised in the comments by recent Opinio Juris guest contributor Mark Kersten, whether Libya is “able” to prosecute Gaddafi and Al-Senussi given that neither of them is currently in Libya’s custody. Kevin also discussed how the Nuremberg defense is popping up in the NFL’s bountygate.

Quite possibly.  Here's the Third Circuit's merits opinion in United States v. Bond, involving a conviction under the Chemical Weapons Convention Implementation Act of 1998.  The court upheld the conviction against a Tenth Amendment attack, this after the Supreme Court last year found Ms. Bond to have standing to press the federalism claim.  After rehearsing the academic debates on Missouri...

Ian Hurd has a very interesting essay on law and international relations, "Law and the Practice of Diplomacy," which I'd strongly recommend to anyone with an IR/IL bent.  It's maybe the only piece of IR theory that I've read that really seems to get the dynamic element of international law.  It also centers international law to what I suspect is...