My thanks to Dave Glazier, Detlev Vagts, Roger Clark, and Devin Pendas for their insightful comments on my book. At the risk of sounding like I’ve plagiarized my response at EJIL: Talk!, I find it difficult to respond to those comments, because I almost completely agree with them. But I’ll give it a shot… Glazier My basic response to...
Secretary of State Hillary Clinton had to cancel her visit to London today for the much-hyped cybersecurity conference, which was designed to push back against Russian and Chinese proposals for an "International Code of Conduct for Information Security." The Russian/Chinese proposal (co-authored with Uzbekistan and Tajikistan) is widely undestood as part of an effort to (1) move Internet governance away...
I am deeply grateful to both my co-bloggers at Opinio Juris and the editors of EJIL: Talk! – particularly my friends Marko Milanovic and Dapo Akande – for this remarkable opportunity to discuss my new book. I look forward to hearing what the impressive, and frankly intimidating, group of commenters have to say about it. I wrote this book for one...
Opinio Juris and EJIL: Talk! are happy to announce that we will be hosting two joint book discussions. The first book is OJ's own Kevin Heller's The Nuremberg Military Tribunals and the Origins of International Criminal Law (Oxford UP). That discussion starts today. We have a fantastic lineup of discussants, to whom we are most grateful for their time...
I have just returned from teaching international humanitarian law in Nairobi. Two al-Shabaab grenade attacks not far from my hotel notwithstanding, it was one of the greatest professional experiences of my life. The training was organized by the Brussels-based International Association of Professionals in Humanitarian Assistance and Protection (PHAP), in conjunction with the Harvard Program on Humanitarian Policy and Conflict...
Ruti Teitel’s new book, Humanity’s Law, is an ambitious effort to make sense of the international legal landscape of our post-Cold War, post-9/11 world. Rejecting formalist distinctions between legal paradigms, she sketches out a bold synthesis of recent legal trends away from a state-centered understanding of international law and toward an international legal order in which individuals are the key...
I have posted a substantially revised version of my essay "A Sentence-Based Theory of Complementarity" on SSRN. The essay is appearing in two different forms. The long version (23,000 words) -- the one I've posted -- is forthcoming in Volume 53 of the Harvard International Law Journal. The short version (7,000 words), which focuses on the new theory of complementarity...
In the wake of U.S. Supreme Court’s cert grant in Kiobel v. Royal Dutch Petroleum, the Ninth Circuit has issued its second en banc opinion in Sarei v. Rio Tinto, which it had earlier tried to avoid by referring the case to mediation. No wonder: yesterday’s opinion, which addressed multiple issues raised by the parties and at least...
As Roger has pointed out, the Ninth Circuit has just released a blockbuster ATS decision in the Rio Tinto case. There is a great deal to like in the decision, particularly concerning the liability of corporations under the ATS, but it's regrettable that the majority refused to address the knowledge/intent "debate" concerning the mens rea of aid and abetting under...
Donald "Trey" Childress has the scoop: Today, the United States Court of Appeals for the Ninth Circuit issued a mammoth en banc opinion in the case of Sarei v. Rio Tinto. All 166 pages of the court’s splintered analysis deserves careful consideration. Here is a short review of the court’s conclusions. First, the Ninth Circuit holds that the Alien Tort...
On Thursday evening I was on a panel at International Law Weekend on the evolving nature of sovereignty. Sean Murphy gave a presentation on how social networking technology may affect sovereignty, but also how "Twitter revolution" claims have been overblown. As it turns out, we are a few days away from a whole conference on this question, sponsored by (among...
Interesting: Today FIDH and LDH filed a criminal complaint, together with an application to join the proceedings as a civil party against persons unknown before the Court in Paris concerning the responsibility of the company Amesys, a subsidiary of Bull, in relation to acts of torture perpetrated in Libya. This complaint concerns the provision, since 2007, of communication surveillance equipment to...
