[John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law.] I do not share Professor Rabkin’s pessimistic view of the prospect of international arbitration of law of the sea disputes under the Law of the Sea Convention. LOS Convention tribunals and the law of the sea experts who serve as judges and arbitrators have helped...
[Editors Note: We inadvertently posted the incomplete version of this post by Jeremy Rabkin this morning. This post has his response to Prof. Noyes earlier post today. Sorry for the confusion.] [Jeremy Rabkin is Professor of Law at George Mason University School of Law.] Craig Allen has performed a valuable service by reporting the range of sea-related treaties where we have already committed to...
The cover story in this month’s Atlantic magazine is an article by former U.S. State Department head of policy planning, former dean of Princeton’s Woodrow Wilson School for Public & International Affairs, former Harvard Law professor Anne-Marie Slaughter. Anne-Marie’s writings on international institutions and international networks are, I’m sure, known to many OJ readers. For this reason alone,...
[This guest post is from Jonathan Hafetz, Associate Professor of Law at Seton Hall University School of Law. He has also represented several Guantanamo detainees.] The Supreme Court’s denial of certiorari last week in seven Guantanamo detainee cases marks the end of an important chapter in the post-9/11 habeas corpus litigation. It leaves in place the D.C. Circuit’s narrow construction of the constitutional...
[John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law.] My thanks again to Julian Ku for organizing this series on U.S. accession to the Law of the Sea Convention. I write to respond to Mr. Groves’s contention, based on U.S. experience in the Gulf of Mexico, that U.S. accession is not needed to further...
According to The Guardian, Libya is now interrogating Taylor and intends to prosecute her for violations of “national security” (read: doing her job and defending Saif) even if the ICC apologizes: Tripoli said on Wednesday night that Taylor, one of four ICC officers who were on an official visit to Libya, had tried to deliver documents to Saif that were not...
Here's an interesting report just out from the Open Society Initiative for Eastern Africa on the citizenship deficit in the wake of South Sudan's secession. The problem: several hundred thousand persons of South Sudanese descent resident in the north following the breakaway who now apparently have no status at all - ie, they're stateless. This is the definitive paper on...
At Justice in Conflict, Mark Kersten is keeping track of developments concerning Taylor's detention. Checking out some of his links, I was struck (not for the first time, of course) by how little the media knows about how the ICC works -- and by their willingness to think the worst of criminal defense attorneys, even in the absence of any...
The Telegraph asks whether the Rio Summit is destined to fail. If you want to keep up-to-date with the Rio+20 conference, the International Institute for Sustainable Development's Earth Negotiations Bulletins are a useful starting point. In a statement before the Ways and Means Committee of the United States House of Representatives, Deputy Secretary of State William Burns argued in favour of...
Story here, and a lot of play on this morning's BBC Newshour. This is the second time in recent months that so-called "diplomatic asylum" has crept into the headlines, last with respect to Chen Guangcheng in China in May. See this earlier post, which links to an excellent Foreign Policy background piece on diplomatic asylum. Unlike the Chen case, I doubt very...
Dapo Akande has just posted about the Pre-Trial Chamber's recent conclusion that Art. 95 of the Rome Statute permits Libya to delay surrendering Saif to the Court pending resolution of its admissibility challenge. I don't want to rehash the general issue; readers can simply check out Dapo's post and my post here. Instead, I want to focus on the one...
The Commander of the UN observers in Syria has given more information on his decision to suspend the mission's activities until both sides honor the peace plan. The same article also reveals that the Russian ship carrying military helicopters for Assad's forces returned to Russia after its UK insurer revoked coverage. Tensions have flared up along the border between Israel and...
