The Supreme Court term ended today. In terms of cases relevant to Opinio Juris readers, there was only one blockbuster case, Massachusetts v. EPA. We profited from various posts about that case already, including contributions from Hari Osofsky, Dan Bodansky, and John Knox. But beyond that one case, in my opinion there was nothing of significance this...
My colleague Michael Perino, who teaches and writes in the area of securities regulation, had the following comment regarding the sovereign wealth funds discussion in my earlier post:One point of perspective worth keeping in mind is that shareholders (despite some of the claims in the article) are quite weak in the US. In large part that weakness flows from collective...
Curtis Bradley has posted an advance version of a forthcoming piece in the Supreme Court Review on last term's decision in Sanchez-Llamas v. Oregon. It's well worth a close read, although I think it ultimately makes too much out of a case that is at best way-station material. The piece for instance argues that Sanchez-Llamas is more important...
On Monday, I visited the UN Food & Agriculture Organization (FAO) here in Rome for a series of presentations on their legal offices and their current work (for an interesting take on a presentation we heard about the “right to food” check out my colleague David Hoffman’s views over at Concurring Opinions). Among the presentations, one struck me as...
It seems that in the first dozen years of the WTO there has been a tremendous amount of litigation about environmental protection and health measures. The key question in these cases often has been whether government action to advance such health and environmental concerns is consistent with WTO obligations. But what has been surprisingly absent from the WTO...
For better or for worse, Africa has become the leading testing ground for mechanisms of international criminal justice in this decade: e.g. Rwanda, Uganda, Congo, Sierra Leone, and Sudan. Generally speaking, African opinion makers have seemed pretty supportive of such processes, but there are signs of a backlash brewing. Uganda: As this report from the Independent reminds us, the...
The CIA has declassified the “Family Jewels.” (Press release here.) Also known as the “Book of Skeletons,” this document was compiled in 1973 under Director of Central Intelligence James Schlesinger, in the aftermath of the revelations from the Watergate investigation and other reports of CIA bad acts. Wanting to get a handle of the situation, of the skeletons in...
Sebastian Mallaby has an excellent essay in Monday’s Washington Post on a silent revolution in globalization. He writes:The next globalization battle lurks over the horizon, but you can already guess its contours. It will be shaped by two revolutions in finance and business: the growth of vast government-controlled investment funds abroad and the muddled progress toward shareholder democracy in...
Last year, Julian had written a post about a dispute between China and Japan over whether certain rocks in the ocean should be considered islands. If they are islands, then Japan would have a significantly larger Exclusive Economic Zone than had been previously recognized. To bolster the view that these are islands, not mere rocks, Japan has...
Brian Tamanaha over at Balkinization has responded to my post from last week, clarifying just why he thinks patriotism is so dangerous. His essential argument is that patriotism is not virtuous because politicians can abuse it in their desire for an inexorable march to war. He argues that "[s]ome good follows from patriotism, of course, but the bad...
That's what Thomas Geoghegan would like to see happen, as argued in this back-page piece in the latest issue of The American Prospect (teaser here). He argues that Kyoto, the Rome Statute, and human rights treaties should all get the NAFTA/WTO treatment, and that a Democrat president who looks to do things the old-fashioned way will be "looking straight...
The verdict has been delivered in the Anfal trial -- and not surprisingly, "Chemical Ali" and his highest-ranking co-defendants have been convicted and sentenced to death:Ali Hassan al-Majid, Saddam's cousin and the former head of the Baath Party's Northern Bureau Command, earned his nickname for his alleged use of chemical weapons against the ethnic minority during efforts to crush a...
