Judith Resnik gave an interesting talk on local foreign policymaking at Peggy McGuinness’ terrific Missouri v. Holland symposium week before last, based an article she has forthcoming in the Emory Law Journal (proofs here). She catalogues all the (mostly good) ways in which localities are emerging as international actors. Some of the themes echo others' work (see for...
Well, sort of. Obama has racked up another impressive primary victory, this time among Democrats living abroad. The contest was held between February 5 and 12, and included Internet voting in addition to the more conventional mail balloting. Otherwise it's not a new phenomenon - Democrats Abroad has been holding primaries since 1976. Two things that are interesting...
Last year, I participated in a symposium at Lewis & Clark Law School--Crimes, War Crimes and the War on Terror. The symposium edition of the Lewis & Clark Law Review (vol. 11) containing the resulting essays is now out. Here's the line-up: John R. Kroger & John T. Parry, Introduction Kelly Moore, The Role of Federal Criminal Prosecutions in the...
Professor Tony Arend of Georgetown has posted a legal analysis of Kosovo's declaration. Tony considers some of the same analytic territory I cover in this post and this post (Res 1244, the Quebec case, the defintion of a "people,") and his whole post is well worth the read. I will focus on one point of Tony's analysis, in which he touches...
[Tai-Heng Cheng is Associate Professor of Law at New York Law School. His most recent book is State Succession and Commercial Obligations.] I am grateful to Roger Alford for inviting me to share some thoughts on the recent developments in Kosovo. On February 17, 2008, Kosovo’s parliament voted to declare independence from Serbia. This unilateral declaration accelerated the...
"Accidental" slurring of the Democrats -- not just for Fox News anymore: Hat-Tip: Crooks & Liars. ...
Who could have thought a tax case could be so ...
At a joint press conference with Paul Kagame yesterday, President Bush was asked whether he would be willing to send U.S. troops to Darfur to help stop the systematic violence that is being committed there. Here, in relevant part, was his response:I would say it's like — as I explained to this fellow here — that one of the...
Peter Spiro, who is not only our friend and colleague at Opinio Juris but ranks as one of the most-cited scholars of his generation, has a new book out: Beyond Citizenship: American Identity After Globalization (Oxford Univ. Press, 2008). We will be hosting a full discussion of the book later this spring, but in the meantime you can...
Having already discussed the application of Security Council Resolution 1244, I will now turn to general principles of international law concerning secession and recognition. Thomas Franck, one of the five international law experts asked by the Canadian government to consider certain issues regarding a hypothesized secession of Quebec, wrote that:It cannot seriously be argued today that international law prohibits secession. It...
I cast my overseas primary ballot last week for Obama. If only I knew then what I know now -- that Obama is obviously the child of communists and may well be a communist himself. How do I know that? Because, as Lisa Schiffren at the ever-reliable National Review Online explains, he was born of mixed-race parents...
As the initial euphoria or anger (depending on your point of view) over the declaration of independence by Kosovo begins to subside, commentators are increasingly turning to the legal question: does international law support or impede Kosovo’s bid for independence? Too many times a quick and simple answer is given (International law denies Kosovo’s independence! Kosovo has a...
