The Supreme Court has just rendered its decision in Boumediene v. Bush, announcing that the DTA procedures are not an adequate and effective substitute for habeas corpus and that the MCA operates as an unconstitutional suspension of the writ. Opinio Juris is very pleased to announce an “insta-symposium” to discuss the decision. We have an amazing line-up of guests, including...
Adam Liptak has an excellent front-page story in today's NYT situating the US approach to hate speech in the international context (as part of his series “American Exception"). Together with Jeremy Waldron’s recent New York Review of Books piece on the subject, could this be the leading edge of possible constitutional adjustment? It would have been mostly unthinkable as recently...
Very encouraging news out of Serbia -- Stojan Zupljanin, the commander of the Bosnian police during the war, has been arrested and will be handed over to the ICTY for prosecution:Bosnian Serb security chief Stojan Zupljanin, 56, was one of four suspects sought by the tribunal for war crimes in the territory of former Yugoslavia in the 1990s. Their arrest and...
For the first time, a truth and reconciliation commission has picked up stakes and moved to a foreign country to take public testimony: The Liberian Truth and Reconciliation Commission began its first extraterritorial session in St. Paul Minnesota this week. The Star Tribune has the full story here. One remarkable aspect of the story is the size of the...
My thanks to Mohsen al Attar for his comments on my Article, and to the editors of Opinio Juris and the Yale Journal of International Law for organizing this symposium. Mohsen al Attar’s comments bring the historical critique of global capitalist arrangements to the contemporary project of human rights, particularly the under-recognized “sub-set” of economic and social rights. He responds to...
Ideas about global capitalism have been in constant flux since the beginning of the twentieth century. In the early 1900s, imperialist theorists such as Hobson and Hilferding argued that inter-state rivalries would bring down the castle; WWI and WWII seemed poised to do just that. Fast-forward to the 1950s and not only did this not happen but the castle was...
Within the catalogue of rights—whether conceived in constitutional or international terms—economic and social rights are said to be especially indeterminate. This Article inquires into the conceptual foundations of a minimum core of economic and social rights. This concept of the minimum core has been applied to provide determinacy and even justiciability to the rights to food, health, housing, and education,...
First the judge who felt "badgered, beaten, and bruised" by prosecutors for trying to protect Khadr's rights was removed from the case "for personnel reasons." Now it turns out that Khadr's interrogators were "instructed" -- read: ordered -- to destroy their notes, lest anyone ever find out that Khadr had been tortured or mistreated:Navy Lieutenant Commander Bill Kuebler said...
First, I would like to thank Opinio Juris and the Yale Journal of International Law for hosting this symposium and providing the opportunity to discuss my recent article, Who is the “Sovereign” in Sovereign Debt? Reinterpreting a Rule-of-Law Framework from the Early Twentieth Century. I would also like to thank Tai-Heng Cheng and Mark Weisburd for their thoughtful comments...
Odette Lienau's Who is the “Sovereign” in Sovereign Debt? provocatively argues that Chief Justice Taft's method of analysis in his 1923 arbitral award in the so-called Tinoco arbitration offers a useful approach to controversies over so-called odious debts owed by states, that is, debts incurred for purposes unrelated to the well-being of the population of the state responsible for the...
My thanks to Opinio Juris and the Yale Journal of International Law for inviting me to comment on an excellent article by Odette Lienau titled “Who is the Sovereign in Sovereign Debt?” 33 YALE J. INT’L L. 63 (2008). Odette addresses with aplomb the difficult problem of whether a government should be made responsible for the financial debts incurred by a...
Combining legal interpretation with political science analysis, this Article highlights the competing “statist” and “popular” conceptions of sovereignty at stake in sovereign debt issues. It argues that these two dominant approaches do not exhaust the offerings of intellectual history and considers an alternative approach that emerged in the early twentieth century and may be of relevance again today. The Article...
