In association with the International Commission of Jurists

Recent Posts

01 Oct

Peter recently criticized the new U.S. test for naturalization, arguing that instead of tinkering with the questions, it would be better "to drop the test altogether and recognize the fading distinctiveness of the national community." Wise words — ones regrettably ignored by Australia's new citizenship test, which is being widely described as "stupid," "xenophobic," and "racist":Prospective Australian citizens will...

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29 Sep

A number of progressive bloggers are having fun with Michael Medved's new column, "Six Inconvenient Truths about the U.S. and Slavery." Much of the criticism of the right-wing radio host's column has focused on the following passage, in which Medved seems to argue that the real victims of the slave trade were the slave traders themselves, who lost much...

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28 Sep

Yesterday, the U.S. Senate Foreign Relations Committee (SFRC) held the first of two hearings on U.S. accession to the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The hearing gave the Administration its chance to elaborate on why President Bush so strongly favors U.S. accession as soon as possible. You can access the testimony of...

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28 Sep

A federal district court in Washington has ruled that the answer is no. In Biton v. Palestinian Interim Self-Government Authority, the court ruled that it had jurisdiction over the Palestinian Authority, and that recent developments do not confer sovereign immunity on defendant. The defendant argued that: We recognize that the court previously has held that [D]efendants are collaterally estopped...

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28 Sep

With all the press about the recent annual meeting of the Clinton Global Initiative, I thought it was worth opening up some discussion about this new organization. If you spend a few minutes on the webpage, or read a few articles about the annual meeting, you cannot help but be impressed. This is not Davos, or the Aspen...

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27 Sep

A few weeks ago, I mentioned my colleague John Ip's new essay "Comparative Perspectives on the Detention of Terrorist Suspects," which recently appeared in a symposium issue (edited by our colleague Tung Yin) of Transnational Law & Contemporary Problems. John's essay is now available on SSRN. Here is a snippet of the abstract:This article examines the different approaches...

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27 Sep

The common refrain of constitutional comparativists is that foreign experiences offer persuasive authority that may serve as a useful guide to judges in their constitutional decision-making. The idea is, as Justice Breyer has argued, that since all modern democracies are facing the same basic problems and are searching for the same basic answers, why not examine how other constitutional...

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26 Sep

I have posted a substantially revised version of my essay "Mistake of Legal Element, the Common Law, and Article 32 of the Rome Statute: A Critical Analysis" on SSRN. The essay is now forthcoming in the Journal of International Criminal Justice. Here is the abstract:Article 32(2) of the Rome Statute provides that "[a] mistake of law may...

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26 Sep

Bush at the United Nations today:In Sudan, innocent civilians are suffering repression -- and in the Darfur region, many are losing their lives to genocide. America has responded with tough sanctions against those responsible for the violence. We've provided more than $2 billion in humanitarian and peacekeeping aid. I look forward to attending a Security Council meeting that will focus...

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26 Sep

The Sudanese government has proven endlessly creative at resisting genuine progress toward peace, but I don't think this strategy is going to do it much good:The Sudanese government has begun filing a defamation lawsuit against Amnesty International for a report on torture against political prisoners in the country, the justice minister said Wednesday. The London-based rights group said in statement last...

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