Articles

Professor Osofsky’s response to my article is convincing and her exploration of the gaps in my earlier discussion of climate reparations is welcome — in fact, it is encouraged. The hope in writing an article on climate reparations was to investigate seriously alternate avenues for remedy for the climate vulnerable and encourage creativity across scales, between novel claimants, and...

[Hari M. Osofsky is Associate Professor at Washington and Lee School of Law.] In Climate Reparations, Professor Maxine Burkett makes a compelling case for viewing climate justice problems though a reparative lens. She articulates thoughtfully the barriers to achieving meaningful justice under existing frameworks and proposals, as well as the profound ethical dilemmas posed by the inequities regarding emissions, impacts, and...

[Associate Professor Maxine Burkett is the Director of the Center for Island Climate Adaption and Policy at the William S. Richardson School of Law, University of Hawai'i at Manoa.] With the uncertain — and deeply disappointing — conclusion of the COP15, one thing has become crystal clear: states and vulnerable communities must explore alternative avenues to address the climate crisis and...

We are delighted to introduce the inaugural online symposium issue of the Melbourne Journal of International Law ('MJIL') hosted by Opinio Juris. We would like to thank Opinio Juris, and Kevin Jon Heller in particular, for inviting us to participate in this partnership. We hope that this partnership contributes to the global reach of Opinio Juris by providing an Asia-Pacific...

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...

Thanks to Marty for his pointer on the decision and his instant analysis (which despite being instant, is also still quite interesting). Throughout the day today and into tomorrow, Opinio Juris will post thoughts and comments on the Medellin decision from leading commentators and scholars, in addition to (of course, our substantial "in-blog" expertise. Stay tuned!...

The last couple of months have been very good for the study of foreign relations law. First, there was Marty Lederman’s (Georgetown) and David Barron’s (Harvard) two part article on the President’s Commander-in-Chief power when used in opposition to Congressional limitations. Now, we have Yale Law Professor Oona Hathaway’s analysis of the Constitution’s Treaty Clause and the modern practice of...

Starting Monday of next week, Opinio Juris is pleased to be hosting an online preview of a roundtable at the annual meeting of the American Political Science Association. Entitled "The Allocation of Normative Power to and among International Tribunals," the roundtable will explore legal and political issues arising out of the rise of international tribunals and the increasing legalization...

A couple of quick thoughts on Hamdan, which is obviously an important decision (although perhaps not quite as important as on first glance). 1) Over at Scotusblog Marty Lederman asserts that the Court’s finding on common article 3 spills over to dispatch with interrogation practices in other detainee contexts. That may be true at some level, but on my read...