I am pretty supportive of Obama Administration's general approach to Sudan, largely because it reflects a realistic sense of the limits of the U.S. government's ability to influence matters there as well as the (relative) unimportance of Sudan to the U.S. and to the wider region. And so I think the hardline ICC-favored approach to Sudan (demand the arrest of...
Dapo Akande over at EJIL Talk! has a pretty persuasive argument in favor of the Vatican's status as a state under international law, and therefore, the Pope's right to head of state immunity. Moreover, in the UK, the courts (like in the US) are bound to accept the determination of the foreign ministry as to individuals entitled to head of...
[David Orozco is an Assistant Professor of Business Law at Michigan Technical University] Professors Bird and Chaudhry provide an insightful and timely analysis of European Law related to the repackaging and relabeling of grey goods, specifically pharmaceutical products. The analysis navigates readers through the morass of legal confusion and uncertainty in this area of international law. A couple of questions were...
[Robert C. Bird is an Assistant Professor and Ackerman Scholar at the University of Connecticut School of Business; Peggy E. Chaudhry is an Associate Professor at Villanova University School of Business] Professor Robert Bird, Assistant Professor, University of Connecticut and Peggy Chaudhry, Associate Professor, Villanova University will discuss their Article, "Pharmaceuticals and the European Union: Managing Gray Markets in an Uncertain...
Former DOS Legal Adviser (and a path-breaking guest blogger here at OJ when in that role a couple of years ago) John Bellinger has a short opinion column out at the CFR site, April 14, 2010 (corrected link, I hope!), discussing continuity and change in US detention policy on counterterrorism. John takes up a range of issues, from trials to...
Harold Koh's ASIL speech drew lots of attention for his defense of the legality of U.S. use of aerial drones. But Koh also spent much of the speech explaining and defending the U.S. decision to reorient its relationship toward the International Criminal Court. He noted U.S. attendance (as an observer) at the ICC Assembly of States Parties in November, and U.S....
Today, U.S. News & World Report (USN&WR) officially released its 2011 rankings of American law schools. This, in turn, led the legal blogosphere into its annual love-hate dance with the "overall" rankings--pouring over every move up or down the ladder, while simultaneously denouncing the ranking's methodology and utility. Lest our readers feel left out, I thought I'd flag the "new" International Law rankings that...
During the recent "nuclear summit" in Washington, Dutch prime minister Peter Balkenende proposed the creation of a new international tribunal to enforce and punish violations of nuclear non-proliferation agreements. Putting aside the fact that this is a blatant effort to put another international court in his hometown (the Hague), I agree with Prof. Göran Sluiter that this is a dumb...
Many thanks to Ingrid Wuerth for her thoughtful response to my Article. I agree with Ingrid that the importance of maintaining a uniform international standard in the interpretation of incorporative statutes may be especially salient in the context of treaties, like the Hague Rules, that address coordination problems. I disagree, however, that the borrowed ...
[Ingrid Wuerth is a Professor of Law at Vanderbilt University Law School] This Article by John Coyle focuses on U.S. statutes that incorporate treaties into domestic law. As John defines them, incorporative statutes may include implementing legislation for non-self executing treaties, statutes that facilitate the implementation of self-executing treaties, or congressional executive agreements; the key question is whether they give effect...
[John F. Coyle is a Climenko Fellow and Lecturer on Law at Harvard Law School] I want to thank Opinio Juris and the Virginia Journal of International Law for the opportunity to discuss my Article, “Incorporative Statutes and the Borrowed Treaty Rule.” I’d also like to express my gratitude to Professor Ingrid Wuerth of Vanderbilt Law School for providing a response to...
Eric Posner has an editorial today in the Wall Street Journal today that uses the recent indictment of Judge Garzon in Spain as an opportunity to dust off the traditional far-right attack on the concept of universal jurisdiction and the existence of the ICC. It's a remarkably misleading editorial, one that deserves a thorough response. Mr. Garzon wanted to prosecute Pinochet...
