Recent Posts

There is a friendly debate going on at Prawfsblawg about whether people who have PhDs or JSDs in law are entitled to refer to themselves as "Dr. so-and-so."  Skepticism seems to be the order of the day; here are quotes from Paul Horwitz and Jeff Yates, respectively: Although I think there's a good deal to be said for obtaining JSDs or...

That's right, Michele Bachmann has acquired Swiss citizenship and is now a dual national. The news reports say she did it for her kids. (It doesn't appear that her naturalization was necessary for her children's, since her husband was already a Swiss citizen. For those interested in the finer points of Swiss nationality law, here is a primer. Note that although...

According to the Philippines Department of Foreign Affairs, the U.S. government has recently re-affirmed its obligations to defend the Philippines under the 1951 Mutual Defense Treaty.  This is a particularly sensitive time to re-affirm this commitment, given the ongoing tensions between the Philippines and China in the South China Sea. But what exactly is the U.S. committing to here? Would the...

When is an arbitral panel an international tribunal for purposes of Section 1782? Section 1782, of course, is the statute that authorizes federal courts to order discovery in aid of proceedings before foreign courts and international tribunals. As discussed in a forthcoming article in the Virginia Journal of International Law entitled, Ancillary Discovery to Prove Denial of Justice,...

The Arab League has joined the ICRC in warning of a civil war within Syria; a UN envoy bolsters this claim with reports that arms are flowing in both directions between neighboring Lebanon and Syria. Citizens of North Carolina have voted to ban same-sex marriage and civil unions, dealing a setback to LGBT-rights activists and those in favor of equal treatment...

So reports Mark Kersten in a blockbuster post at Justice in Conflict.  You have to read the whole thing; here is a taste: While haggling between the ICC and Libya’s National Transitional Council (NTC) over the fate of Saif al-Islam Gaddafi and Abdullah al-Senussi continues, Libya quietly, but controversially, passed a blanket amnesty for pro-Revolution rebels. According to Lawyers for Justice in...

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...