My book review of the Oxford Companion, edited by Antonio Cassese and many others, has just been published in the new issue of the American Journal of International Law. It's a decent-sized review, almost 5,000 words, as befits a book that checks in at more than 1200 pages. I argue that the book is a magisterial achievement, one of the...
You just can't make this stuff up: Prime Minister Recep Tayyip Erdoğan has taken a harsh position against undocumented Armenian workers in Turkey, threatening to expel thousands amid tensions over allegations that Armenians were victims of “genocide” during the last days of the Ottoman Empire. Resolutions passed recently in the United States and Sweden to brand the World...
Our friends at the University of Amsterdam's Center for International Law have asked us to announce the European Science Foundation's upcoming conference, The Responsibility to Protect: From Principle to Practice. Here is the description of the conference, which sounds like it's well worth attending: Five years after its acceptance by the 2005 World Summit, it is time to consider the...
Japan triumphs in a big way at the CITES meeting in Doha, as the U.S. proposed ban on bluefin tuna trade goes down 20-68. The rejection of the bluefin proposal was a clear victory for the Japanese government, which had vowed to go all out to stop the measure or else exempt itself from complying with it. Japan, which consumes nearly...
I am not a huge fan of restrictive and protectionist trade policy, but I can't offer any serious legal quarrel with the recently proposed Trade Reform, Accountability, Development and Employment Act by the growing anti-trade bloc in the U.S. Congress. As Lori Wallach from Public Citizen notes, the Act offers a radically new approach to U.S. trade policy. The Act explicitly...
Sure there is some dispute about settlements in East Jerusalem, or something, but here are some international law disputes that really matter. At CoP15, or the 15th Meeting of the Parties to the Convention on the International Trade in Endangered Species - currently going on in Doha, parties are discussing: resuming (or not resuming) the trade in ivory and imposing a...
The general consensus among comments to my post last week on the previously-unacknowledged U.S.-Japanese security agreements was "no big deal." These pacts reinforce an already well-developed practice of states doing deals--whether legally binding or political commitments--without U.N. registration or public disclosure. Similarly, they reinforce existing views of Executive authority to conclude sole-executive agreements on defense-related matters for the United States. So, if everyone's OK with such...
Ilya Somin has a characteristically thoughtful post on the shortcomings of the U.N. system for promoting human rights and of international human rights law more generally, as seen in the recent hapless efforts of the U.N. Human Rights Council to protect Iranians from repression by their own government. The bottom line is that the main weaknesses of the international human rights...
Here is another persuasive account of why the U.S. is disadvantaged by not joining the UN Convention on the Law of the Sea. The case is fairly simple: There is a lot of oil and natural gas up there, and the U.S. can't negotiate with other countries to divvy it up until it signs on to UNCLOS. The 5.5 million-square-mile area...
The following is a guest post by Lt. Col. Chris Jenks, the Chief of the International Law Branch in the U.S. Army's Office of the Judge Advocate General. Lt. Col. Jenks is posting in his personal capacity. On March 8th, the Supreme Court "invited" the Solicitor General to file a brief in Carmichael v. Kellogg, Brown & Root...
In the long-running battle between Chevron and Ecuador over environmental damage, a federal court in New York has denied Ecuador's motion to stay arbitration of a Ecuador-U.S. BIT claim. In September 2009, Chevron filed a notice of arbitration alleging, among other things, that "Ecuador has breached ...
It is always unpleasant to get lectured by foreign governments about "violating international law", but this is something U.S. government officials should be used to. Still, it must be galling for the new U.S. administration to be lectured by Brazil's president over U.S. non-compliance with a WTO ruling on cotton subsidies. The United States must comply with a World Trade Organization...
