I am most grateful for this opportunity to thank Opinio Juris for hosting discussion of Treaty Interpretation and, in particular, Duncan Hollis for setting up the event. The rules of treaty interpretation codified in the 1969 Vienna Convention on the Law of Treaties, Articles 31-33, have now been around for 40 years, but only in the last 15 has their use become quite widespread....
As I mentioned last week, we're pleased to host Richard Gardiner (University College London) for the next three days for a discussion of his book, Treaty Interpretation. In addition to comments by our regular contributors, we've invited several distinguished treaty experts to respond to his work, including Isabelle van Damme (Clare College, Cambridge), Malgosia Fitzmaurice (University of London, Queen Mary), and Jan Klabbers...
An interesting piece from Wired Science on a new article concerning the evolution of cooperation among self-interested individuals. The article focuses on the Prisoner's Dilemma, that old chestnut of game theory, described in this way in the Stanford Encyclopedia of Philosophy: Tanya and Cinque have been arrested for robbing the Hibernia Savings Bank and placed in separate isolation cells. Both care...
Michael Glennon doesn't pull any punches in the latest AJIL (also available on SSRN here) in going after the report of the Miller Center's National War Powers Commission. The report advances an "illusory solution to a nonproblem", with "baffling" and "flatly unconstitutional" proposals for reform. The piece is particularly scornful of the panel's call to formalize a presidential free pass...
On Friday, March 6, 2009, the University of California, Davis, School of Law will host its annual Law Review Symposium. This year's symposium will focus on the Honorable John Paul Stevens, a subject which should be of great interest to many readers of this blog. Speakers include IntLawGrrls' Diane Amann (a former Stevens clerk) speaking on the Equality panel and our our...
My friend Sonya Sceats at Chatham House has asked me to announce the following event: International Law Discussion Group Monday 23 March 2009 17:30 to 19:00 Location: Chatham House, London Speakers include: Judge Bernard Ngoepe, African Court on Human and Peoples Rights; Sanji Monageng, Chairperson of the African Commission on Human and Peoples' Rights; Nobuntu Mbelle, representative of civil society Chair: Lord Steyn Against the backdrop of human tragedies...
I've been critical of the Obama Administration's deceptive approach to war-on-terrorism legal issues (trash your predecessor, but endorse some of his key policies). But I don't have any real criticism of its latest decision to avoid the legal fight over the power to detain enemy combatants in the U.S. The Justice Department, in an abrupt change in policy from the Bush...
Yesterday, the U.S. State Department released the 2008 Country Reports on Human Rights Practices -- colloquially referred to as the Annual Human Rights Report. As a matter of law, it is a report by the State Department to the United States Congress. The mandate grew from a requirement of congressional review of foreign assistance to a more comprehensive summary of...
Following our recent switch to a new server, we have also changed our email subscription service at Opinio Juris. On the lower right toolbar you will find a widget under "register/logon/contact" that will permit you to "sign up for email alerts and updates." The email service by Feedburner will then give you the option to sign up for an email...
I wanted to flag for readers an on-line discussion that we are planning for next Monday-Wednesday, March 2-4. We will be pleased to host Richard Gardiner (University College London) for a discussion of his book, Treaty Interpretation. In addition to comments by the regular contributors, we will have several distinguished guest bloggers, all of whom know a thing or two...
To read the accounts of detention conditions at Guantanamo this week coming from the latest DOD review on the one hand, and detainee lawyers on the other, you’d think the reporters had visited not just different prisons, but prisons on different planets. Report #1 is the product of President Obama’s executive order of January 22, charging the Defense Secretary...
The Sixth Circuit last week rendered an important amended opinion in O'Bryan v. Holy See addressing the question of whether the Holy See could be sued for its role in the clergy sexual abuse scandal. The decision is fascinating and should be quite controversial. As an initial matter it is worth pondering the essential conclusion of the Court: every...
