So talks on a new cluster bomb treaty have collapsed due to the refusal of countries party to the 2008 Cluster Bomb Convention to sign on to a less restrictive treaty that would have included the U.S, Russia, China, India and other key military powers. The draft treaty was vigorously promoted by the United States and had the backing of other...
The ICC has announced that the Assembly of States Parties has eliminated Andrew Cayley and Robert Petit from consideration as Moreno-Ocampo's replacement: The Assembly of States Parties of the International Criminal Court (“the Assembly”) will hold its tenth session at the United Nation Headquarters in New York from 12 to 21 December 2011. The tenth session will be marked...
The High Court of Kenya has held that the government has an obligation to arrest Bashir if he sets foot on Kenyan territory: The Kenyan High Court ruling was the result of a case that the International Commission of Jurists (ICJ) brought against Kenya's attorney general and internal security minster in 2010. "The courts have said that Kenya has an...
The imminent collapse of the eurozone (and maybe the global financial markets as well) makes for terrifying reading. It also is one reminder of how the success of regional and international legal institutions has depended on the general health of the global economy (and of wealthy states in Europe, North America, and East Asia). Three stories from today, both big...
I've been arguing for some time (here, here, and here, all pre-SSRN) that the globalized economy enables the world to directly discipline US states in the context of foreign relations and human rights, and that this in turn erases the need for a dormant federal foreign affairs power. The thumbnail version: in the old world, state-level foreign relations activity involved intolerable...
Many of you have probably seen the reviews of John Lewis Gaddis’ new biography, George F. Kennan: An American Life. John Gaddis was one of my mentors in college and graduate school, and I have really enjoyed seeing what I know to have been a labor of love reviewed so favorably. Congratulations John! Kennan, the man primarily known...
Dapo Akande has a typically excellent discussion of the surrender issue today at EJIL: Talk!, in which he agrees with Jens Ohlin and disagrees with me. In his view, Libya is entitled to challenge the admissibility of the case against Saif without having to first surrender him to the ICC. I find much of Dapo's argument convincing, but I am...
My friend and PhD supervisor Carsten Stahn has posted a very interesting discussion of Libya and the ICC at the Hague Justice Portal. Here is a taste: One possible option to reconcile domestic jurisdiction with accountability before the ICC may be a division of labor based on temporal jurisdiction. In line with the Council referral, the ICC enjoys ...
Over the last few months, as the eurozone crisis has gathered steam, I have wondered what the crisis means for the governance structures of the EU. One answer is, not much — the political leadership will somehow muddle through as it always does, on the basis of discretionary deals among the national leaders of European states. Then the institutional arrangements...
I've made more than my share of mistakes in my six years of blogging. It's painful and embarrassing, but it happens. All you can do is admit your mistakes and move on. Unfortunately, that is not the approach taken by the author of the terrible Mother Jones article I discussed yesterday. Suebsaeng doesn't believe that he made any mistakes. On the...
We have certain images in our minds about that first Thanksgiving. It usually involves bountiful harvests, amicable relations with the Indians, and prayerful thanksgiving to Providence for his manifold blessings. Well, it wasn’t quite that simple. Although there are various versions of the “first Thanksgiving,” one event that has a strong claim to it occurred at Plymouth, Massachusetts in the fall...
Many of you have probably already seen the fascinating story of how a North American Bird got the name of a European/Asian country. According to at least one explanation, the bird of the genus Meleagris that many of us will eat today first found its way to England, not via New World explorers and colonists but via Turkish traders...
