In case this is of interest to Opinio Juris readers, I want to point out that I have a new essay posted to SSRN entitled Hearts and Minds and Laws: Legal Compliance and Diplomatic Persuasion. Here's the abstract: This essay, written for the South Texas Law Review’s Ethics Symposium, considers the role of international legal argument in the war on terror...
I am blogger-lite this week, with apologies to all, but ...
Last week I wrote a post suggesting that the federal "cash for clunkers" program did not violate the WTO subsidies program because it did not have the de facto or de jure effect of discriminating against foreign imports. But what about the broader Obama stimulus program? Does that pass WTO muster? This article from Bloomberg published last week...
Although this is pretty far from my usual focus, I've been interested to see the August D.C. doldrums filled in part with an interesting emerging discussion of what happens next with the U.S. and the International Criminal Court (ICC). Secretary of State Hillary Clinton expressed her "great regret" in Kenya last week that the United States hadn't yet ratified the...
I have been meaning to post about Melbourne Law School, my new academic home. I imagine many of our readers will be familiar with our remarkable contingent of international law faculty: James Hathaway (our Dean), Gerry Simpson, Anne Orford, Diane Otto, Tim McCormack, and more than a dozen others. What readers might not know is that Melbourne is in the...
Baitullah Mehsud, the Taliban commander who orchestrated, among many other things, the assassination of Benazir Bhutto and many other atrocities, is dead. The initial, somewhat confused reports expressed some doubts, but experts are gradually concluding that a US Predator missile strike killed him. At the strategic level, this is one area in which the US is having success. One can find...
There has been a very interesting -- and potentially very troubling -- development in the Lubanga trial. In response to a submission by representatives for the victims and over a strong dissent by Judge Fulford, the majority of Trial Chamber I has given notice to the parties and participants in the trial "that the legal characterisation of the facts may...
Last month the Eleventh Circuit in Valencia-Trujillo v. United States rendered an unusual decision that required the court to decide whether a state was acting "pursuant" to a treaty. If it was, the defendant had standing to pursue the action. If it was not, then he had no such standing. In extradition jurisprudence, the so-called “specialty rule” provides that...
I just learned the sad news of the passing of Professor John Barton of my alma mater, Stanford Law School. The Stanford Law press release can be found here. John was a dedicated and learned scholar, a wonderful mentor and a delightful man to be around. He will be greatly missed. I was fortunate to get to know John during my first year...
Eugene Volokh has this post on the merits of the UN Convention on the Rights of the Child. He's against it. Volokh highlights several operative provisions that he finds objectionable on policy grounds, and argues that we shouldn't sign on to treaties that we don't intend to comply with. What's striking about the post is the exceptionalist premise that US isolation...
Marc Ambinder over at the Atlantic has posted his interview with Professor Glenn Sulmasy, whose new book The National Security Court System: A Natural Evolution of Justice in an Age of Terror has just been published by OUP. Ambinder summarizes the central arguments and proposals of Sulmasy's book: Sulmasy expands on what he calls a "hybrid" approach to the quandary of...
The government's new "cash for clunkers" program has been wildly successful. Under the program, consumers may receive up to $4,500 towards the purchase of a new, more fuel-efficient vehicle. What is surprising is the impact this it is having on consumer spending patterns regarding domestic vs. imported vehicles. According to press reports, more than 70% of the...
