In association with the International Commission of Jurists

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16 Nov

Outcasting is an important contribution to international legal theory and an engaging read.  But I wonder if the theory isn't limited by its assumption that sovereignty continues to be foundational to international law.  The article closes with this: It is impossible to overemphasize the importance of state sovereignty in international law. The international legal system is both created by and creates...

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16 Nov

Profs. Hathaway and Shapiro’s article, “Outcasting: Enforcement in Domestic and International Law,” is a very provocative and original piece of scholarship. Outcasting as a central mode international law enforcement has not received such a sustained and systematic study as they have. I am delighted to add a few thoughts to this discussion with thanks to Prof. Hollis for the opportunity. As...

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13 Nov

Readers know all too well where my sympathies lie regarding WikiLeaks and Julian Assange.  But I have to admit, I'm baffled by the paranoid reaction my fellow WikiSupporters are exhibiting in the wake of Assange's latest failure to block his extradition to Sweden to face sexual-assault charges.  Exhibit A, from the usually invaluable WL Central: The possibility of criminal charges against...

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13 Nov

Starting this coming Tuesday, Opinio Juris is pleased to host a joint symposium with the Yale Law Journal on a new article by Oona Hathaway and Scott Shapiro, Outcasting: Enforcement in Domestic and International Law. Here's the abstract: This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method...

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13 Nov

As readers may know, Israel's Knesset is currently considering two laws designed to prevent foreign governments and international organizations from funding progressive Israel human-rights groups: one that drastically limits the amount of funding such groups could receive, and one that imposes a tax of nearly 50% on foreign funds received by human-rights groups that do not receive Israeli funding (i.e.,...

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10 Nov

There are many reasons to demand closing Guantanamo Bay and ending the military commissions, such as the government's tendency to invent armed conflicts in order to convict defendants of imaginary war crimes.  But even if you don't care about the integrity of international humanitarian law or the coherence of the American approach to that body of law, you should still...

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10 Nov

For those in NYC tomorrow, I wanted to note that NYU Law is hosting what promises to be an informative experts' meeting tomorrow on the International Criminal Court.  Here's the event description: How best to assure the independence of the ICC Prosecutor Friday, Nov. 11th from 6-7:30 p.m. NYU School of Law,  Lipton Hall, Faculty Club, 108 West 3rd Street, New York, New York The independence...

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10 Nov

[Robert E. Williams, Jr. is an associate professor of political science at Pepperdine University and an expert on corruption in Equatorial Guinea]. The other shoe has dropped in the U.S. Government’s corruption case against Teodoro Nguema Obiang Mangue. Last week, a civil forfeiture complaint was unsealed in the U.S. District Court for the Central District of California as a second...

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10 Nov

Here is a story that no one (here in the U.S. anyway) is paying attention to: Russia’s accession to the WTO cleared a major hurdle when the WTO Working Party on its accession approved, ad referendum on 10 November 2011, the package spelling out Russia’s terms of entry to the organization. The Working Party will now send its accession recommendation to...

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10 Nov

The Naval War College has published the latest volume in its Blue Book series.  Here is the description and information about how to obtain it (although you can simply get the PDF here): The Naval War College International Law Department recently published volume 87 of its International Law Studies "Blue Book"  series.  The Blue Book has served as...

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