It's Day 2 of the First Ever! (people keep emphasizing this) joint ASIL-ESIL Research Forum. Jan Klabbers who seems the chief (but by no means the only) organizer has done Helsinki proud in terms of the site and the conference structure. It's been a remarkably solid event; unlike ASIL all the speakers were required to submit abstracts AND papers as the...
Today the Second Circuit issued the long-awaited decision of Presbyterian Church of Sudan v. Talisman Energy. The case--written by a Bush 41 appointee (Jacobs) and joined by two Clinton appointees (Leval and Cabranes)--is important for many reasons, but it is especially important in (1) accepting the possibility of corporate liability under the ATS, (2) accepting that international law rather...
Actually, congratulations to the Obama administration for having the good sense to make this appointment. My friend and Washington College of Law colleague Diane Orentlicher has joined the administration in DOS, and I don't think there's a better person in the country to fill this position: Professor Diane F. Orentlicher has been named Deputy, Office of War Crimes Issues for the...
... in my response to Eugene on the First Amendment and free speech and the HRC, over at Volokh. I'm not cross-posting it here because it is somewhat specific to Eugene's post. However, it is filled with many generalizations and unsupported assertions about what I think international law professors, taken as a community, think about free expression and the specifically...
The U.S. Supreme Court has granted certiorari in Samantar v. Yousef, a lawsuit by Somalis who alleged torture and mistreatment by a former Somali prime minister. Here is the issue: Whether a foreign state’s immunity from suit under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1604, extends to an individual acting in his official capacity on behalf of a...
Here is one part of the Obama Administration policy that I can (sort of) support: an effort to reach a comprehensive sustainable peace agreement in Sudan. Although the Obama envoy, Scott Gration, is getting plenty of deserved flak from right and left for his infamous "cookies" quote about dealing with the Sudanese government, the general idea seems sound. Absent any...
Ben Wittes, who has guest-blogged with OJ in the past, has a blistering op-ed in yesterday's Washington Post, criticizing, well, just about everyone for the failure to take the policy issues of detention to Congress to craft a formal structure for addressing them. The piece has made the rounds in the blogosphere, so I won't comment except to say that...
I have to admit I really don't know for sure, but this WSJ op-ed makes me think this issue is likely to be an important one as the crisis over Iran's compliance with the Non-Proliferation Treaty comes to a head. According to the author, the U.S./E.U. concession that Iran has a right to peaceful nuclear technology is both wrong as...
I just wanted to note that I have posted to SSRN The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia, which is part of the special issue of the Chicago Journal of International Law about great power politics to which Ken has referred a couple of times....
Another classic by the Sudanese government: Ismail also accused Israel of being behind aggravation and continuation of the Darfur crisis, saying "a group of Darfurians have recently admitted that they have provided the International Criminal Court (ICC) with false evidences, which support our assurances that there are Zionist trends behind aggravation of the Darfur crisis and undermining of the stability in...
When I wrote my critique of the Jerusalem Post editorial on the ICC, I also sent a short letter to the editor pointing out the editorial's basic factual errors. It was a very straightforward letter -- no politics, just indisputably true facts such as that the ICTY and the ICC are different institutions. It's been more than a week, and the...
Ever since Ban Ki-Moon became UN Secretary-General, I have been hearing complaints about, well, nearly everything. He's a colorless personality. He's a diplomat and not 'global-presidential'. He brings no passion to the job. He wants (anyway wanted) senior officials to disclose their finances. He's just a placeholder. Etc. Many of these criticisms could be reduced down to ...
