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The conventional wisdom among many international law folks is that the U.S. has (wrongly) embraced American exceptionalism in world affairs, often to the detriment of compliance with international law.  I don't disagree that American exceptionalism exists, but I think the main problem with the "exceptionalism" meme is the idea that the U.S. is unique in its "exceptionalist" philosophy.  Other countries can,...

The American University School of International Service - not my law school, but SIS - is holding a conference on global governance on Friday-Saturday, September 24-25, at the spanking new and quite lovely new SIS building at AU.  It's a great line-up of speakers and panelists; kudos to the organizers.  One of the convenors is David Bosco, whose book on the Security Council, Five to Rule Them All, is essential reading for those who work on international organizations, and whose new blog, The Multilateralist, is hosted at Foreign Policy (KJH mentioned this a couple of weeks ago).

I have long enjoyed my association with Opinio Juris.  But what do you readers think of us?  Here in the United States, the ABA Journal is once again compiling a list of what it considers to be the 100 "best" law blogs.  Now, we can debate whether and how the ABA Journal is positioned to judge the "best" legal blogs. ...

Reading a justifiably nasty review of Meghan McCain's Dirty, Sexy Politics, I came across this unintentionally funny gem: The most obvious problem with Dirty, Sexy Politics is that grammatically, the book appears to be the work of a high school sophomore.  To be more accurate, it appears to be the first draft of an essay written...

Gerald Steinberg, the head of right-wing propaganda outlet NGO Monitor, is not happy about George Soros' recent $100 million gift to Human Rights Watch: In accepting a huge grant from George Soros, Human Rights Watch has spurned the public advice (and warning) offered nearly a year ago by its founder Robert Bernstein. Rather than grapple with the serious...

Something that our European readers have already probably heard as it is one of the most viewed stories on the BBC website (but not so much here in the U.S.), the Basque separatist terrorist organization ETA has renounced (at least for now) the use of violence:  Armed Basque separatist group Eta says it will not carry out "armed actions" in its campaign for...

As you may remember from my previous post on this topic, Kirsan Ilyumzhinov, the President of the autonomous republic of Kalmikia the President of FIDE (the world chess federation), has been named in a suit before the Court of Arbitration for Sport seeking the disqualification of his FIDE candidacy. While that case is still set to be argued next week, he has announced...

Mike Scharf and Paul Williams have published an interesting collection of recollections and colloquys among all ten living State Department legal advisers, Shaping Foreign Policy in Times of Crisis: The Role of International Law and the State Department Legal Adviser, released by Cambridge UP earlier this year.  In addition to essays from each, recounting particular episodes from their tenures, there...

Columbia University historian Samuel Moyn has a new book out, The Last Utopia: Human Rights in History (Harvard/Belknap).  I haven't read it - but I have ordered it from Amazon! - and I'm sure I'll have more to say about it once I've read it.  However, it received a positive (and quite interesting in its own right) review from Brendan Simms, a well-known Cambridge international relations professor, in the Wall Street Journal.  And Professor Moyn has written a summary of the book's argument that appears as an article in this week's Nation.  The Nation piece is good reading on its own, and this part drew my attention:
Beginning in the 1990s, when human rights acquired a literally millennial appeal in the public discourse of the West during outbreaks of ethnic cleansing in Southeastern Europe and beyond, it became tempting to treat 1948 as a moment of annunciation, with large political consequences. Carter, and the 1970s, were rarely mentioned. It became common to assume that, ever since their birth in a moment of postgenocidal revulsion and wisdom, human rights had become embedded slowly but steadily in humane consciousness in what amounted to a revolution of moral life. In a euphoric mood, high-profile observers like Michael Ignatieff believed that secure moral guidance, born of incontestable shock about the Holocaust, was on the verge of displacing self-interest and power as the foundation of international relations. In Samantha Power's "A Problem From Hell": America and the Age of Genocide (2002), Raphael Lemkin, who crafted the draft resolution of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, was dusted off as a human rights sage and hero, with Carter earning attention only for failing to intervene against Pol Pot's atrocities. In fact, when "human rights" entered the English language in the 1940s, it happened unceremoniously, even accidentally. Human rights began as a very minor part of a hopeful alternative vision to set against Adolf Hitler's vicious and tyrannical new order. In the heat of battle and shortly thereafter, a vision of postwar collective life in which personal freedoms would coalesce with more widely circulating promises of some sort of social democracy provided the main reason to fight the war. It's important to enumerate what human rights, in the 1940s, were not. Ignatieff was wrong. They were not a response to the Holocaust, and not focused on the prevention of catastrophic slaughter. Though closely associated with the better life of social democracy, only rarely did they imply a departure from the persistent framework of nation-states that would have to provide it. Above all, human rights were not even an especially prominent idea. Unlike later, they were restricted to international organization, in the form of the new United Nations. They didn't take hold in popular language and they inspired no popular movement. Whether as one way to express the principles of Western postwar societies or even as an aspiration to transcend the nation-state, the concept of human rights never percolated publicly or globally during the 1940s with the fervor it would have in the '70s and the '90s, including during negotiations over the Universal Declaration. What if the 1940s were cut loose from the widespread myth that they were a dry run for the post–cold war world, in which human rights began to afford a glimpse of the rule of law above the nation-state? What if the history of human rights in the 1940s were written with later events given proper credit and a radically different set of causes for the current meaning and centrality of human rights recaptured? The central conclusion could only be that, however tempting, it is misleading to describe World War II and its aftermath as the essential source of human rights as they are now understood. From a global perspective, the brief career of human rights in the 1940s is the story of how the Allied nations elevated language about human rights as they reneged on the earlier wartime promise—made in the 1941 Atlantic Charter—of the self-determination of peoples. Global self-determination would have spelled the end of empire, but by war's end the Allies had come around to Winston Churchill's clarification that this promise applied only to Hitler's empire, not empire in general (and certainly not Churchill's). The Atlantic Charter set the world on fire, but because similar language was dropped from the Universal Declaration, human rights fell on deaf ears. It is not hard to understand why. Human rights turned out to be a substitute for what many around the world wanted: a collective entitlement to self-determination. To the extent they noticed the rhetoric of human rights at all, the subjects of empire were not wrong to view it as a consolation prize.
Without, as I say, yet having read the book, I find this both intriguing.  No, more than that - it accurately captures in my own experience as an NGO person who first volunteered to do work for Human Rights Watch in 1983 when it was still two somewhat separate organizations, Helsinki Watch and Americas Watch.  This was a time when Aryeh Neier was operating out of a tiny dark office in the New York City Bar building, and the organization was not in its current position of glorious NGO hegemony and a $44 million annual budget - meaning, an offer from a Harvard Law student bringing his own funding was not an occasion to giggle at the presumption.  Ken Roth was still working as a Federal prosecutor.

There are some interesting comments in the live blog of the UNCTAD International Investment Agreements Conference from the likes of Todd Weiler, Susan Franck, and Jason Yackee. (You can also watch the proceedings here). Much substance in the coverage, but also some fun. Here's a taste: Todd Weiler: As I see Prof Franck is performing the live blog function,...