Here's my review in the New York Obsever of Benjamin Wittes' new book, Law and the Long War: The Future of Justice in the Age of Terror. The book is a must read for foreign relations law specialists, in many ways a companion volume to Jack Goldsmith's The Terror Presidency. Where Jack gives us the inside acount, Ben's...
The BBC reports that the New Zealand government and seven Maori tribes have entered into an historic agreement concerning Maori ownership of a number of forests in the North Island, where I live:The NZ$420m ($319m) agreement transfers ownership of nine forests - covering 435,000 acres (176,000 hectares) of land - in the central North Island. Hundreds of Maori, some in traditional...
No surprise, the Supreme Court in the Second Amendment case of D.C. v. Heller refrains from any discussion of contemporary foreign or international laws or practices. The Court, per Justice Scalia, does discuss historical comparativism at some length (pp. 19-22), and Justice Stevens in dissent challenges this historical reading (pp. 27-31). But the really interesting part of Heller regarding comparativism...
WorldPublicOpinion.org has released an interesting survey of world attitudes toward torture. Here is the summary of their findings:A WorldPublicOpinion.org poll of 19 nations finds that in 14 of them most people favor an unequivocal rule against torture, even in the case of terrorists who have information that could save innocent lives. Four nations lean toward favoring an exception in...
Susan Franck forwards the following call for papers for what looks to be an interesting and well-timed conference:The ASIL's International Economic Law Interest Group will hold its biennial conference in Washington this year just after the U.S. Presidential election, on the timely theme of "The Politics of International Economic Law: The Next Four Years." The conference committee has just...
As Julian notes the Court in Kennedy v. Louisiana ruled that the death penalty for child rape violated the Eighth Amendment. It did so without any reference to international or comparative law or experiences. The focus of the opinion was on a national consensus and the Court's own independent judgment of what the Eighth Amendment requires. Having...
I don't want to step on Roger's turf here, but I can't resist a brief note on today's U.S. Supreme Court decision invalidating a Louisiana law allowing the death penalty for rapists who victimize children under 13. As most of our readers know, the test for determining a violation of the Eighth Amendment turns on "evolving standards of...
It seems like a no brainer that the U.S. should enact into domestic law punishments for "crimes against humanity." The recently created subcommittee on Human Rights and the Law of the U.S. Senate Judiciary Committee held a hearing yesterday to hear one-sided testimony on this question. And really, is there any objection to enacting a statute making...
A recent op-ed published in the New York Times suggested that the states of the United States should do just that. Thomas W. Evans, who had been an adviser to Presidents Ronald Reagan and George H. W. Bush, argued that OPEC's actions violate U.S. antitrust law and artificially raises the prise of gasoline. However, he noted that the act of...
I have blogged recently about the EU's encouraging -- if insufficient -- criticism of Italy's shameful persecution of its Roma population. On Friday, the Council of Europe added its two cents:Europe's top rights body, the Council of Europe, on Friday voiced "deep concern" at a series of recent attacks against the Roma gypsies and immigrants and their treatment in...
No, Virginia, being unanimously acquitted by an international tribunal's trial and appeals chambers doesn't mean very much:Belgium has confirmed that it was investigating Emmanuel Bagambiki, former Governor of Cyangugu during the 1994 genocide, who was acquitted by the International Criminal Tribunal for Rwanda (ICTR) and who is sought by Rwanda, reports Hirondelle Agency . "The federal prosecutor is looking at the...
The folks at Pew Research have just released a poll highlighting just how popular Barack Obama is in the rest of the world. People around the world who have been paying attention to the American election express more confidence in Barack Obama than in John McCain to do the right thing regarding world affairs. McCain is rated lower than...
