First, let me start by thanking Duncan and the entire OJ crew, as well as David Sloss, Mike Ramsey, and Bill Dodge, for the opportunity to engage this amazing project. The book is an extraordinary accomplishment, magisterial in scope yet elegant in execution. Pulling together the material here – over 200 years of jurisprudence, countless decisions, and essays...
On behalf of myself and my co-editors David Sloss and William Dodge, thanks to Opinio Juris for hosting this book discussion. As readers of this blog know, the twenty-first century’s first decade was an extraordinarily active one for international law in the Supreme Court. In the debates about leading cases such as Medellin v. Texas and Sosa v. Alvarez-Machain, we...
Three stories to mention. First, Moreno-Ocampo plans to introduce WikiLeaks cables in the trial of the six Kenyan defendants: This emerged as he prepares to hand over the last batch of the evidence he will rely on in the September hearing against three of Kenya’s six post-election violence suspects. The evidence to be released on Wednesday relates to the...
I'm pleased to announce that Opinio Juris is hosting its latest book discussion this coming week. We will feature International Law in the U.S. Supreme Court (CUP, 2011), which was edited by David Sloss, Mike Ramsey, and Bill Dodge. In the interest of disclosure, I would note that two Opinio Juris regulars participated in the volume: I authored the second chapter on how the...
Bloomberg BusinessWeek offers what is slowly becoming conventional wisdom on the ICTY, at least, if not international criminal justice in general. Credit [] is due to the court, which focused on individual responsibility rather than collective guilt. This helped foster reconciliation among Serbs, Croats and Muslims in the former Yugoslavia. But beyond the Balkans, it would be a mistake to exaggerate the...
As I discussed in a recent post, "the new age of self-publishing is fast approaching the world of legal scholarship. It will just take a few legacy scholars to create a norm cascade that will rock the world of legacy publishing." Self-publishing is the new, new thing. We've already embraced it with blogging and SSRN, and now some...
With Julian's many interesting posts on UNCLOS, I thought I would flag for our readers Andrew Guzman's interesting essay published on SSRN entitled the "Consent Problem in International Law." Here's the abstract: The legal obligations of a state are overwhelmingly based on its consent to be bound. This commitment to consent preserves the power of states, but also creates a...
U.S. opponents of UNCLOS, whom I think have a number of quite sensible points, do need to explain how the U.S. is going to operate effectively in a world where all other major seafaring nations belong to the UNCLOS system. And they have offered decent arguments. Customary international law already guarantees navigational rights. Bilateral treaties, or even unilateral declarations, can...
Nicaragua may vote on a referendum on whether to seek damages from the U.S. arising out of the 1980s civil war. I have grave doubts about Nicaragua's ability to win such a claim (as well as its method of calculating damages), but it might be an interesting case. Nicaragua's President Daniel Ortega has proposed a referendum on whether to demand $17bn...
Steven Groves of the Heritage Foundation passes along this useful review of the effect of UNCLOS ratification on U.S. development of its extended continental shelf. It argues that if the U.S. joins UNCLOS, it could be obligated to turn over as much as 7 percent of royalty revenue derived from development of its extended continental shelf to the International Seabed...
Or so it would seem, based on this analysis from the European Center for Law and Justice, a right-leaning public interest law firm. A proposed new law in Poland appears to ban abortion under any circumstance, thus replacing the current law, which allows exemptions for the mother's health and for cases of rape and incest. If, as the ECLJ argues,...
Though I am generally upbeat about the use of drones in military applications, one must recognize design flaws: The Navy's latest multi-million pound drone has the unfortunate feature of starting to self-destruct if the pilot accidentally presses the space bar on his keyboard ...
