After several months of application kept up at every moment, Julien still had the air of a thinker. His way of moving his eyes and opening his lips did not reveal an implicit faith ready to believe everything and to uphold everything, even by martyrdom. It was with anger that Julien saw himself surpassed in this respect by the most...
Douglas Burgess, Jr., has an editorial in today's New York Times arguing that piracy should be considered terrorism in order to facilitate its prosecution. It's an interesting piece, but I have to take issue with the basic premise of his argument: Are pirates a species of terrorist? In short, yes. The same definition of pirates as hostis humani generis could also...
John Fonte had this piece in the National Review just before the election on the Obama's likely posture to international law and international institutions. It very perceptively and succinctly describes the difference between liberal internationalists (think just about everybody before Bush, with the US looking to lead the rest of the world to enlightenment, along with anyone associated with the...
Update, Friday, December 5. Eric Posner was kind enough to cite me on this and some other posts referenced under the Guantanamo tag. Eric might well be right in saying that this is premature; I am blogging about this, but will look more seriously (i.e., assign a research assistant to dig out What They Said Under Bush, What They Said...
Not according to Stephen Zunes, a Middle East expert at the University of San Francisco. He recently posted an essay on Alternet that should give progressive international lawyers and scholars pause. Here is the introduction: For those hoping for a dramatic change in U.S. foreign policy under an Obama administration -- particularly regarding human rights, international law, and respect for international...
Plaintiffs will apparently appeal yesterday's jury verdict in the Chevron ATS case. In the meantime, as we contemplate a new Administration, it's worth considering, how, if at all, USG views will shift with respect to litigation under the Alien Tort Claims Act (a.k.a. the Alien Tort Statute (ATS)). Although he offered his views in full advocacy mode for...
Crossborder remittance payments by immigrant workers to their relatives back home are an increasingly important capital movement in the world, especially among poor people. The United States, for example, has sometimes treated remittance payments as part of its calculations of international aid public and private. It has only recently started to receive academic attention, however. My colleague Ezra Rosser has...
No less an authoritative source than the Wall Street Journal reports that outgoing Homeland Security Secretary Michael Chertoff may be rethinking his views on what makes for effective counterterrorism strategy. The Bush administration's point man in protecting America against terrorism says U.S. investments in safety should not be restricted to airport screening machines or border fences. Michael Chertoff says the...
Last month the Supreme Court rendered its latest installment on the issue of judicial supervision of national security. Winter v. NRDC has received surprisingly little attention, but it strikes me as an important example of judicial deference to the Executive Branch in military affairs. This language in particular is noteworthy: We “give great deference to the professional judgment of...
Chevron wins a big Alien Tort Statute verdict in a case involving its alleged complicity in killings by Nigerian security forces. This is no doubt an important case (though probably not as important at Andrew McCarthy thinks it is -- see "Sovereignty, Vindicated" over at NRO). On the heels of a lower-profile case last year involving Drummond that...
Peter Raven-Hansen has a review of Jack Goldsmith's The Terror Presidency in the latest American Journal of International Law which includes some thoughts on law professors as top government lawyers. His basic line, with John Yoo as the example: better not to use a perch in the government to validate your academic theories. But in this fact lies a risk for...
An association of 15 human-rights groups, including Human Rights Watch, Human Rights First, and the Save Darfur Coalition, released a devastating report today on the Sudanese government's cynical -- and mendacious -- PR campaign to convince the international community that it is committed to bringing peace to Darfur. Here is a snippet of the executive summary: This report focuses on four...
