Those who have followed the cases relating to the Vienna Convention on Consular Relations (VCCR) here in the United States and at the ICJ know that the United States has a compliance problem. The United States does not provide the 'judicial review and reconsideration' remedy that the ICJ has indicated is required in the event a violation of an...
Passed along by Tony Anghie: The Asian Society of International Law will be holding its Third Biennial Conference in Beijing, China, on August 27th and 28th. The topics that will be addressed include human rights, international economic law and private international law, the law of the sea, climate change, disaster management, and the international law relating to security and conflict. A...
The International Law Commission (ILC) has adopted the Draft Articles on the Responsibility of International Organizations (RIO). The final version of the articles is available on the ILC’s website. As the Chairman of the Drafting Committee noted, the adoption of these articles marks a historic occasion as the ILC has been working on the law of responsibility for over 60 years.The...
Christopher Caldwell does not quote Milton Friedman’s famous observation in this New York Times opinion piece, but it underlies it. Caldwell is a senior editor of the Weekly Standard and columnist for the Financial Times — as well as being the author of the most important book on Europe by an American that I’ve read in years, Reflections on the Revolution in...
Out-going Defense Secretary Gates has been delivering a series of farewell speeches that are noteworthy for their bluntness. His latest is perhaps the bluntest yet - on the future of the NATO alliance, which he sees as grim. The New York Times reports here; the Wall Street Journal has an editorial comment here. At one level, the problem is simply...
The Predator has asked that OJ's own KJH serve as its defense lawyer in the ICC. Joke!! But here, from The Onion: Predator Drone Court-Martialed For Afghani Civilian Deaths...
Over at the Harper's Magazine site Scott Horton interviews Laura Dickinson about her new book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Horton begins: Waging war and engaging in diplomacy would generally be reckoned among the most important powers of any sovereign. Yet as Laura Dickinson argues in her new book, Outsourcing War and...
This according to the Washington Post's Jackson Diehl, in Screed Number 1345 about how the evil ICC is preventing peace on earth and goodwill toward men: Libyans are stuck in a civil war in large part because of Gaddafi’s international prosecution. Diehl, of course, offers precisely zero evidence in defence of this ridiculously stupid thesis. Even better, his own column refutes the...
My former State Department colleague, David Kaye, now the Executive Director of UCLA Law's human rights program, has just authored a study under the auspices of the Council on Foreign Relations (John Bellinger and Matt Waxman also particiapted in the effort as Directors). Kaye acknowleges the contributions made by the likes of the ICTY, ICTR, and ICC, but argues that more work is needed...
The Wall Street Journal's ace national security reporting team - Adam Entous, Siobhan Gorman, Julian Barnes, several others - reported in a very interesting story today that divisions have emerged at the senior levels of the Obama administration over the strategic utility of drone strikes in Pakistan. The issue is between the unquestioned effectiveness of the strikes - unquestioned by...
Here's the text of the resolution passed in the House this afternoon on Libya, as introduced by Speaker Boehner. It's not insignificant, as an institutional pronouncement, even though it's non-binding. It amounts to a kind of soft law. The resolution provides that "the President shall not deploy, establish, or maintain the presence of units and members of the United...
I have just posted a new essay -- my first since finishing the NMT book! -- on SSRN. Here is the abstract: Scholars have long debated to what extent the Rome Statute’s principle of complementarity permits states to prosecute war crimes, crimes against humanity, and acts of genocide as ordinary crimes such as rape and murder instead...
