Professor Bodansky is absolutely right that the success of U.S. climate change policy depends on whether our leaders can align domestic and international efforts. Unless the United States does its fair share, other nations will not do theirs. And yet a purely international solution – untethered to domestic political realities – has little chance of securing U.S. participation. Bodansky’s own...
[Daniel Bodansky is a Professor at the University of Georgia Law School] In the international climate change negotiations, new ideas are a scarce commodity. After almost twenty years of intensive work, most of the low-hanging fruit have already been plucked, and progress tends to be more incremental – a refinement to the possible types of emissions targets here, a new variation...
I appreciate the comments from Professors Fontana and Ahdieh, and don’t have much to quarrel about with them. They offer useful correctives or supplements to my argument. On the question of the scope of the argument – that is, the nations where we can expect convergence in constitutional law – my essay notes one important exception, and Professor Fontana raises a...
[David Fontana is a Professor at George Washington University School of Law] Mark Tushnet has written another interesting paper, yet again combining his background in American and comparative constitutional law. Tushnet argues—with some qualifications—that there are major structural pressures leading to the globalization of a genre of provisions of domestic constitutional law. Tushnet’s paper is shorter, so there are many claims...
[Robert Ahdieh is a Professor at Emory Law School] At the outset, my thanks to the editors of the Virginia Journal of International Law for inviting me to contribute to this symposium, to my friends at Opinio Juris for hosting it, and to Professor Tushnet for his valuable contribution to ongoing debates about constitutionalism, globalization, and their interrelationship. Needless to say, Professor...
As an eminent scholar on the topic of amnesties, I appreciate Ron Slye’s thoughtful response to my analysis of the Barrios Altos case. His critiques are certainly ones that I anticipated when offering my broad reading of the Inter-American Court of Human Rights’s landmark ruling. As a regional body, the Court can only issue judgments that bind member States. Thus,...
[Ronald Slye is the Director of International and Comparative Law Programs and Professor at Seattle University School of Law] Lisa Laplante provides those of us interested in international criminal law, and more specifically the legitimacy of utilizing amnesties during a period of societal transition, with a valuable service by pointing us to, and carefully parsing, the Barrios Altos decision of Inter-American...
I am briefly interrupting the erudite VJIL symposium to note that a task force announced by the administration to discuss and come up with ideas on how to address detention, Guantanamo, etc., is meeting today in DC. I am unable to make it today, but supplied a number of comments via Ben Wittes, and I send it all good wishes...
I share Paul’s hope that my article will prompt further consideration of the use of IEEPA sanctions to address the problem of proliferation. The article aims to demonstrate that the way E.O. 13,382 has been used so far is unlikely to prompt any successful legal challenge, but that does not mean the issue should not give us all pause. Since...
[Paul B. Dean is Attorney-Adviser, Office of the Legal Adviser, at the U.S. Department of State] Thanks to Opinio Juris and VJIL for hosting this discussion and thanks of course to Professor Guymon for raising this interesting topic. I'm happy to provide what I hope will be a constructive response. I must emphasize that any views expressed herein are my own and not necessarily...
The Public Editor of The New York Times has a nice piece today criticizing the newspaper's "seriously flawed and greatly overplayed" front-page article “1 in 7 Detainees Rejoined Jihad, Pentagon Finds.” Others have thoroughly debunked similar Pentagon reports -- see here, for example. I just want to call attention to the following paragraph from the Public Editor's article, which is...
I begin by thanking Ryszard Piotrowicz and Jean Allain for agreeing to take on the somewhat delicate task of commenting on my critique of James Hathaway’s article. I am sure they will not be offended by my expressing sincere regret that Professor Hathaway himself declined to participate in this symposium. Neither respondent challenges (or seriously interrogates) my central conclusions: (i) Hathaway...
