[Gregory Gordon is Assistant Professor of Law at the University of North Dakota Law School and a conbributor to the Opinio Juris On-Line Symposium] I think Professor Mark Drumbl’s perceptive comments highlight some of the serious tensions underlying the creation of an inclusive, internally coherent international due process that dispenses justice efficiently while upholding the human rights principles on which it...
[Mark Drumbl is the Class of 1975 Alumni Professor of Law at Washington & Lee Law School and a discussant in the Opinio Juris On-line Symposium. He blogs regularly at AIDP Blog.] In Toward an International Criminal Procedure: Due Process Aspirations and Limitations, Professor Gregory Gordon inquires why international criminal procedure "has failed to achieve the level of due process offered...
[Sean Murphy is Professor of Law at George Washington University Law School and a discussant in the Opinio Juris On-Line Symposium] For decades now, the global community has recognized that the proliferation of weapons of mass destruction (WMD) and their delivery systems constitutes a major threat to international peace and security. Since the attacks of 9/11, there is broad recognition that...
[Vik Kanwar is a JSD candidate at NYU, a Westerfield Fellow at Loyola New Orleans College of Law and a contributor to the Opinio Juris On-line Symposium] My sincere thanks to Professor Sean D. Murphy for his careful reading of my paper, for his clear exposition of the challenging context in which it is written, and for confirming in my mind...
[Andrew Guzman is Professor of Law at UC Berkeley, Boalt Hall and a discussant in the Opinio Juris On-line Symposium. He blogs regularly at the International Economic Law and Policy Blog] Eugene Kontorovich’s paper, Inefficient Customs in International Law is a welcome contribution to the growing analytical literature on customary international law (CIL). The question asked here is of...
[Eugene Kontorovich is a Visiting Professor at Northwestern University Law School and a contributor to the Opinio Juris On-line Symposium] I would like the thank Peggy and the rest of the Opinio Jurists for providing this forum for the discussion of new work. I’m grateful to Andrew Guzman for providing comments, and even more grateful for providing charitable ones. Andrew’s comments...
[John Knox is Professor of Law at Wake Forest University Law School and a discussant in the Opinio Juris Symposium] Hari’s paper describes the contributions law-and-geography and legal pluralism can make to understanding climate change litigation and, by extension, other important international problems. She contrasts this pluralist vision to a traditional view of international law, which is much more state-centric....
[Hari Osofsky is Assistant Professor of Law at University of Oregon and a contributor to the Opinio Juris On-Line Symposium. She blogs regularly at IntLawGrrls] I would like to begin by thanking the Opinio Juris bloggers for their hard work in conceptualizing and organizing their inaugural on-line symposium. I very much appreciate the opportunity to participate in it, as...
For some reason, the U.S. District Court for DC has not yet posted a copy of Judge Hogan's opinion dismissing lawsuits against Donald Rumsfeld and various U.S. military officials for abuse and torture in Iraq and Afghanistan. Thanks to Paul Stephan, I finally got a copy of the opinion, styled Iraq and Afghanistan Detainees Litigation, which I am posting...
Tomorrow, in the final day of its ongoing session, the UN Human Rights Council will decide between two competing draft resolutions on the human rights situation in Darfur, Sudan. Unfortunately, neither draft goes nearly as far as the recommendations of the report presented to the Council two weeks ago by the Darfur assessment team headed by Nobel Laureate Jody...
Several months back, Opinio Juris put out a call for papers for our inaugural on-line symposium to junior scholars. The theme was described as follows: As long as people have been writing about public international law, commentators have suggested that it is a system in crisis or somehow under stress. After a moment of optimism at the end of the Cold...
Abstract In an effort to elevate the international rule of law, international law scholars, especially since the end of the Cold War, have endeavored to determine how best to induce compliance, that is, how to encourage nations to obey international law. For all its advantages, this focus on compliance obscures the role of noncompliance in the international legal system. In the...
