Like Kenneth Anderson, it's taken a while for me to digest the Breyer-Scalia "conversation" on foreign law and constitutional interpretation from last week. As I hinted at earlier, I was disappointed with Breyer's comments because they simply offered no coherent rationale for why he feels it necessary or useful to cite foreign law when interpreting the Constitution. I'm sorry, Peggy,...
I'm a big fan of Harold Koh, who was one of my professors in law school, because he serves as a great role model for all law students interested in international law, government service, and legal academia. That said, I find one important element of his critique very unconvincing. Let me put aside his arguments about whether the controversial August 1,...
The testimony of Harold Koh, the Dean of Yale Law School and former Assistant Secretary of State for Democracy, Human Rights, and Labor, before the Senate Judiciary Committee on the nomination of Alberto Gonzales has been made available here. The Gonzales nomination and the related issues of the "Torture Memoranda" have been discussed at length in many public fora. I point...
As a follow-up to Julian's earlier post, I wanted to note that one of the co-authors of the recent paper assessing bias at the ICJ, Prof. Eric Posner of ther University of Chicago School of Law, will be speaking on this topic at Columbia Law School in New York on January 24th at 4:10 pm. The talk will be in...
Julian, I would place CIA officials in much the same category as FSOs, particularly those working under FSO cover at foreign embassies. Limitations on the speech of CIA officials are arguably more important, since the protection of intelligence sources and methods is crucial to our national security. That said, I have no problem with the publication of Michael Scheuer's book, Imperial...
Peggy, I can't resist just a quick note in defense of one of my favorite blogs, the Diplomad, which you slapped down quite effectively here. I don't have any reason to doubt that you are right that FS rules and FS norms that are being violated here. But I don't see why FSOs should be prevented from anonymous sniping...
Just so they are not left off the international institution reform bandwagon, the WTO released a study yesterday by a panel of eminent persons proposing certain reforms. The news coverage has been light, especially when compared to the possible reforms at the UN, but this could be just as significant in many ways. I will blog about the report in more...
Kenneth Anderson has an interesting take on today's news reports about changes at the UN and about UN reform more generally. ...
The UN Millennium Commission issued its report yesterday on how to combat world poverty. The bottom line: extreme poverty and death by preventable disease can be sharply reduced over the next decade by doubling the amount the developed world spends on aid to the poorest countries. In real terms, that means increasing development assistance from less than .25 percent of...
One of Julian's earlier postings linked to an anonymous group of Republican Foreign Service Officers who appear to have a lot to say -- most of it in the form of invective and ad hominem attacks -- about the efficacy of UNICEF, foreign aid programs generally, and their fellow American diplomats. The blog would hardly be worth mentioning, except for...
In honor of Martin Luther King Day, I wanted to post a few thoughts on Dr. King’s message and the work of international law. Brian Lehrer on WNYC has been running a show today of short excerpts of readings in some way reflective of Dr. King’s message but about cultures other than our own. Also, for those interested in reading...
Julian, Breyer and Scalia don't appear to disagree about international or comparative law per se, but about the appropriate role of judges and their use of any non-binding sources of law or information when trying to resolve cases. (In fact, Scalia has stated clearly that he sees it as important and appropriate to use foreign and international court opinions in interpreting...
