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Weekend Roundup

Weekend Roundup: January 17-23, 2015

by An Hertogen

This week on Opinio Juris, we hosted a symposium on International Law as Behavior, following a workshop at the University of Georgia in late 2014. Elena Baylis discussed the methodological, theoretical and conceptual questions that need to be grappled with when studying international law as behavior, while Galit Sarfaty provided insights from anthropology for the study of international law behavior. More specific issues were dealt with in posts by Jean Galbraith, who reflected on the use of deadlines in international law, Tim Meyer, who described instances of epistemic cooperation as a way of encouraging states to coordinate their behavior, and Harlan Cohen, who addressed the puzzling phenomenon of precedent in international law. Tomer Broude applied behavioural theory to the ongoing negotiations on the Trade in Services Agreement (TiSA), and Harlan Cohen closed the symposium with reflections on the agenda for the study of international law as behavior.

The Palestinian ratification of the Rome Statute and its article 12(3) declaration was the subject of extensive commentary. Kevin disagreed with Nimrod Karin’s posts on Just Security that these steps amount to “lawfare”. He also argued why an investigation into Arafat’s death would be problematic. The issues of settlements in the West Bank was discussed in Ido Rosenzweig’s guest post and by Kevin who explained why the Palestinian Authority cannot use an ICC investigation as leverage to freeze settlement construction.

Foreign affairs law issues came up in Peter’s discussion of the constitutionality of Boehner’s invite to Netanyahu in light of precedents where the Logan Act was invoked, Julian’s argument that President Obama needs congressional approval to lift the trade embargo on Cuba, and Julian’s analysis whether a US-Iranian nuclear deal should take the form of an article II treaty with its requirement of congressional approval.

In other posts,  Fox News came under fire from Kevin for its report on Paris’ “no-go” zones and from Deborah over its factual inaccuracies in reports on Muslims in the UK and France. Kristen updated us on the Haiti Cholera case where the SDNY upheld the UN’s immunity, and Kevin posted a youtube video of a protest song on Australia’s detention centre on Manus Island

Finally, Jessica wrapped up the international news headlines and I rounded up the events and announcements.

Many thanks to our guest contributors and have a nice weekend!

Weekend Roundup: January 17, 2015

by Jessica Dorsey

This week, we celebrated Opinio Juris’ 10th anniversary, with our permabloggers weighing in with their thoughts on the last decade of blogging. Julian kicked the discussion off with how the legal blogosphere has changed over the last ten years. Roger reflected on blogging and the marketplace of ideas. In Peter’s musings, he explored the evolution of international law as well as the role blogging has played and will play in the future. Duncan shared nine realizations that he has made over the last decade through blogging and teaching. Making international law no longer the invisible college but visible and accessible was at the heart of Peggy’s contribution.

Chris asked about the must-reads and key scholarly texts in international law over the last decade. Through tracing her own journey into international law, Deborah thanked Opinio Juris and the readers for the conversation. Kevin reflected on how blogging enhanced his career, and helped him to develop into the nicer, kinder blog version of himself he is today. Jens touched on the real-world impact blogging can and does have, while hoping for a continued discourse. Kristin capped the joviality off by wishing the blog a happy birthday and looking forward to the continued discussion.

Other contributions of note this week were two guest posts. The first from Rebecca Hamilton posed the question: When should the ICC call it quits? The second, by Oliver Windridge, was a great overview of the activities of the African Court of Human and Peoples’ Rights from 2014.

Duncan congratulated Dean Andrew Guzman on his new appointment at USC’s Gould School of Law and Kevin pondered the case of Roger Ver and whether renouncing US citizenship for “selfish economic reasons” makes you a bad person. And as usual, I wrapped up the week’s headlines and posted Events and Announcements.

Thanks for following us this week, and over the last decade. We’re very grateful to you readers for being part of the development of Opinio Juris and hope that the conversation continues far into the future.

Holiday Roundup: December 20, 2014 – January 9, 2015

by An Hertogen

This holiday season, we trust Santa was still as safe as back in 1961 and that nobody received a lump of coal. We found some time to post, so if you were too busy to visit our blog, here is what you missed.

Kevin posted about a virtual roundtable on David Bosco’s “Rough Justice” in which he participated over at H-Diplo, and linked to his new essay on the use and abuse of analogy in IHL. Deborah agreed with Cliff Sloan on the closing of Guantanamo. Catherine Harwood wrote about the UN HRC inquiry into human rights violations in North Korea and Larry Backer commented on the recent normalisation of US-Cuban relations.

Finally, I listed the events and announcements and Jessica wrapped up the international law news (1, 2).

Watch this space next week as we mark our tenth anniversary!

Many thanks to our guest contributors and have a nice weekend!

Weekend Roundup: December 13-19, 2014

by An Hertogen

This week on Opinio Juris, our regular bloggers touched on a variety of topics again with Kevin rejecting Ashley Deeks’ evidence that the international response to ISIS supports the “unwilling or unable” test under article 51 UN Charter and Kristen expanding the UN’s list of 13 things to know about UN sanctions to 16. Prompted by Christopher Kutz’ essay, Julian asked whether the norm against torture is indeed dying in the US.

In guest posts this week, Bede Sheppard discussed new guidelines to protect schools and universities from military use during armed conflict, and Rick Lines and Damon Barrett pointed to an interesting question of international law posed by the US’ four pillar approach to international drug control.

Finally, Kevin welcomed Points of Order to the blogosphere and, as every week, you could count on Jessica to wrap up the international news headlines and list the events and announcements.

Many thanks to our guest contributors and have a great weekend!

Weekend Roundup: December 6-12, 2014

by Jessica Dorsey

Looking back at the week that was, Opinio Juris bloggers covered a number of news-related issues. Several provided commentary on the release of the US Senate’s Torture Report. Prior to its release, Kevin expressed disbelief at a post by ACLU Director Anthony Romero urging blanket amnesty for those responsible for torture, and as soon as it became available, Jens announced the report’s availability and his first thoughts here, before discussing what we really fight about when we talk about torture here.

Deborah examined the question of prosecution in response to allegations in the report, and Roger posted on the report as a truth and reconciliation commission, akin to his research on the transitional justice process post-apartheid in South Africa. Finally, Julian weighed in analyzing a recent trend that the US public does not necessarily agree with international law’s absolute ban on torture.

In other news, after the ICC dropped the case against Kenya’s Uhuru Kenyatta, Julian posed the provocative question whether this might spell the end for the ICC. Additionally, Kevin flagged the OTP’s decision to suspend the investigation into alleged crimes in Darfur, troubled by the seemingly politically laden relationship between the Court and the UN Security Council.

Julian also called attention to China’s “position paper” released ahead of its December 15th filing deadline in the situation between China and the Philippines before the UNCLOS arbitral tribunal. He also pointed to his more in-depth analysis of why the Philippines arbitration is doomed to fail (spoiler alert: it’s due to a mistake by the Philippines in employing a “lawfare strategy” forcing China before the arbitral tribunal), notwithstanding Vietnam’s support of the Philippines’ position. Finally in sea-worthy news, Julian pointed to the newest (sci-fi) development for the US Navy in the Persian Gulf: the planned deployment of laser cannons.

Rounding out the contributions from our regular bloggers, Duncan paid homage to his mentor, the late Professor Alfred P. Rubin, referring to him as the best professor he has ever had.

We posted Eric Sigmund’s guest contribution, a response to Kevin’s previous questioning of why US courts don’t understand IHL, remarking that the courts’ misunderstanding of IHL is deeper than you’d think.

Finally, I wrapped up the week’s news and listed events and announcements.

Thanks go out to our guest contributor and have a nice weekend!

Weekend Roundup: November 30-December 5, 2014

by An Hertogen

This week on Opinio Juris, Roger commented on Joel Trachtman’s article on customary international law, which attracted a lot of debate from our readers in the comments.

Kevin lamented US Courts’ insufficient understanding of IHL and wondered if Paddington would prefer Australia’s Christmas Island. He also responded to Ryan Vogel’s post on Lawfare on the OTP’s Afghanistan’s investigation.

Julian explained why he does not fully agree with Eric Posner’s view on international human rights law clinics and asked whether the Supreme Court implicitly reversed Kiobel’s corporate liability holding.

Finally, Jessica wrapped up the international news headlines and listed events and announcements.

Have a nice weekend!

Weekend Roundup: November 23-29, 2014

by Jessica Dorsey

This Thanksgiving week saw several posts of note on Opinio Juris. We hosted a Mini-Symposium on the latest article by James G. Stewart, The Turn to Corporate Criminal Liability for International Crimes: Transcending the Alien Tort Statute. First, Samuel Moyn discussed the ambitious past of corporate regulation, to which Stewart responded in hopes that the ideas set forth by both would be taken up for further critical research.

Next up was Steven Ratner, who reminded us to mind the gap between the ATS and corporate criminality under international criminal law. In Stewart’s rejoinder, he responded to several issues Ratner raised and agreed much more needed to be done with respect to question Ratner raised reminiscent of transitional justice and compliance in human rights.

Finally, Beth Stevens weighed in on the article and gave Stewart two cheers out of three–awarding two for his approach to developing a mechanism to hold corporations accountable (domestic criminal prosecutions), but withholding her last because of the perceived shortcomings of Stewart’s comparative ATS analysis. Stewart clarified his position in his response and offered a few more thoughts with respect to the comparative analysis. In conclusion, Stewart hoped that through academic discussions, cooperation among civil society organizations and domestic efforts that corporate accountability for human rights violations would continue to become a reality.

Another guest post came in from Gabor Rona, who shared his thoughts on Obama’s executive action on immigration, criticizing the position taken by Jack Goldsmith over at Lawfare and pointing out the ineffective role of Congress in passing immigration legislation.

As for our regular bloggers, Julian urged us to get real about the possibilities of an anti-corruption court–he is convinced it would never work. Julian is also convinced that it’s pointless for the US to ratify the Convention on the Rights of the Child.

Kevin announced an event on the ICC and Palestine being held at Doughty Street Chambers on Tuesday, December 2nd in London.

As always, I wrapped up the news and also posted events and announcements.

Many thanks to our guest contributors and have a nice weekend!

Weekend Roundup: November 16-22, 2014

by Jessica Dorsey

Over the past week on Opinio Juris, we again enjoyed a lot of different perspectives from our guest bloggers, beginning with Rob Howse, whom Kristen introduced as this week’s featured guest blogger. He highlighted the return of neo-conservativism in Washington, reminded us of Alexandre Kojève’s being a neglected figure in the history of international law and also discussed the breakthrough at recent WTO talks and the trade facilitation agreement this week. He also posted on Liam Murphy’s book What Makes International Law Law?

Additionally, we heard from S. I. Strong announcing that the preliminary results from a recent empirical study on international commercial mediation and conciliation are now available.

Nicolás Carrillo-Santarelli talked about the most recent events in Colombia with the negotiations between the government and FARC rebels being suspended due to the and the kidnapping under IHL, including discussion around the illegality of deprivations of liberty, which sparked quite an intellectual debate in the comments.

A post also came in from Andrea Pin on the Italian Constitutional Court, the International Court of Justice and German war crimes. Duncan French and Jean d’Aspremont co-blogged on the ILC project on the identification of customary international law in summary of the two-day expert level seminar hosted by Lincoln Law School and the Manchester International Law Center.

Roger wrote up his analysis on the Ninth Circuit’s muddled comity analysis in Mujica v. Airscan while Kevin worked out some of his thoughts on the baffling Comoros decision and introduced a new videogame challenging the player to survive as long as possible as a civilian in a war-torn fictional city. Additionally, he introduced and congratulated the newly minted Dr. Mark Kersten.

Finally, I wrapped up the news and listed events and announcements.

Many thanks to our guest contributors and have a nice weekend!

Weekend Roundup: November 8-15, 2014

by Jessica Dorsey

This week on Opinio Juris, we had three guest contributions in addition to some of our regular bloggers weighing in on timely issues in international law. The first guest post, from Michael Kearney, discussed his thoughts on the ICC’s recent decision regarding the Mavi Marmara report, in which he focused on issues about fact-finding missions, categorization of armed conflict, limitations on territorial jurisdiction, and humanitarian assistance.

Jean d’Aspremont weighed in on an event that was organized by Manchester International Law Center and the Lincoln Law School, and shared his thoughts about the identification of customary international law and the ILC report. Another post is expected from Jean later this week or beginning of next.

Additionally, Gabor Rona contributed to a discussion about the United States’ AUMF with respect to the Islamic State, that had its origins on Lawfare and Just Security earlier in the week, specifically about use of force provisions against “associated forces” and why the government should go with Just Security’s “parties to the conflict” interpretation versus Lawfare’s proposal of “engaged in hostilities”.

From our regular contributors, we saw Peter’s analysis of Kuwait’s decision to bulk-order Comoros citizenship (to the tune of a couple hundred million dollars) for stateless native-born tribal Bidoon, thereby purporting to solve the statelessness problem in Kuwait and Roger discussed his contribution to a Notre Dame Law Review symposium on Bond v. United States, in which he presented on the relationship between Supreme Court treaty interpretation and the international approach to treaty interpretation under the Vienna Convention on the Law of Treaties.

Kristin called attention to the election of two new ICJ judges and Kevin also announced a UNWCC event at SOAS London coming up on the 19th.

Finally, I wrapped up the news and An listed events and announcements.

Many thanks to our guest contributors and have a nice weekend!

Weekend Roundup: November 1-7, 2014

by An Hertogen

This week on Opinio Juris, Peter continued his commentary on the Zivotofsky hearing and Kristen posted the transcript of the recent hearing in the Haiti Cholera case.

Jens wrote about the DOD’s plans for a Defense Clandestine Service, and welcomed the news that President Obama will seek congressional authorization for the ISIS campaign.

Kevin discussed the passage in the OTP’s Mavi Marmara decision where the OTP finds that Israel is still occupying Gaza, and explained why the Comoros’ appeal will have little effect in practice.

In guests posts, Nikolaos Ioannidis wrote on the complex legal issues surrounding activities in the Cyprus EEZ, and Giacomo Pailli analysed the Italian Constitutional Court’s decision that the ICJ decision in Germany v Italy can be given no effect in the Italian legal system.

Finally, Jessica wrapped up the news and listed events and announcements, and Kevin asked our European readers for advice on PhD applications.

Many thanks to our guest contributors and have a nice weekend!

Weekend Roundup: October 18-31, 2014

by An Hertogen

This fortnight on Opinio Juris, Jens predicted that the Ebola crisis will become a Chapter VII issue at the UN. The theme of the UN and diseases continued in Kristen’s update on a hearing on the UN’s Privileges and Immunities in the Haiti Cholera case. In other UN news, she summarized some of the issues discussed at a meeting on the Security Council’s methods.

Kevin wrote on the Constitutional Court of South Africa’s decision in the Zimbabwe Torture Docket case, finding that international law did not prohibit universal-jurisdiction investigations in absentia.  Kevin also assessed the likelihood of the ICC’s OTP opening an investigation into Chevron’s activities in Ecuador. For those in need of a refresher on these activities, Peter recommended Paul Barrett’s Law of the Jungle.

Peter looked ahead at the Supreme Court argument in Zivotofsky v. Kerry, and pointed out three factors that in his view point to the Court sustaining the Jerusalem Passport Statute, while Julian wondered what China really means when it celebrates the “International Rule of Law”.

Kevin congratulated Dapo Akande on his promotion to Professor of International Law at Oxford, and recommended a post by Mark Kersten on the terror attacks in Canada.

We ran two guest posts: one by Chimène Keitner on the evolving law of foreign official immunity, and one by William Dodge who raised a question on the Convention on the International Sale of Goods.

Finally, Jessica wrapped up the international law headlines (1, 2), and we listed events and announcements (1, 2). Our readers may also be interested in a Lawfare podcast on al-Bahlul, featuring Kevin, Wells Bennet and Steve Vladeck.

Have a nice weekend!

Weekend Roundup: October 4-17, 2014

by An Hertogen

This fortnight on Opinio Juris, Jens discussed how to get Quirin right when Quirin was wrong. Kevin asked for sources backing the US position on self-defence against non-state actors, while Kristen gave an overview of the legal issues up for debate at the General Assembly this fall. Julian expressed doubts about the strength of Greece’s legal arguments for the return of the Elgin Marbles.

We also had a range of guest posts, with Başak Çalı commenting on the Tory attack on the European Human Rights system, and Oliver Windridge discussing how a recent decision by the Director of Public Prosecutions for England and Wales confirms that there is no immunity for torture in England and Wales. Yanying Li followed up on an earlier post discussing the recent reforms for more orderly sovereign debt restructurings at the IMF.

Finally, Jessica and I wrapped up the international law headlines (1, 2) and listed events and announcements (1, 2). Our DC-based readers can hear Kevin speak on Monday at an event at George Mason University on the ICC and Palestine.

Many thanks to our guest contributors and have a nice weekend!