In association with the International Commission of Jurists

General

29 Apr

[Katherine Florey is Professor of Law at UC Davis] I come late to this discussion.  Professors Alford and Whytock have adeptly explored the question of whether international human rights litigation might be reframed under state tort law.  To their observations, I would add the following: Because state choice-of-law methodology is incredibly diverse, it is difficult to make predictions or generalizations about...

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29 Apr

According to a recent report, tens of millions of dollars from the CIA were delivered to the office of Afghanistan's president, Hamid Karzai over the course of decades, meant to buy US influence in Afghanistan. Syria's neighbors are wary of a US-led intervention, should the US decide to take military action in the face of new evidence of chemical weapon use by...

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27 Apr

This week on Opinio Juris, we continued last week's Kiobel Insta-Symposium. Quoting from his and John Yoo's Forbes contribution, Julian argued that the rejection of universal civil jurisdiction is common sense because it leaves the decision on foreign policy consequences of extraterritoriality to the political branches. He also drew our attention to two positive assessments of the opinion, by John Bellinger and...

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26 Apr

As members of Congress begin calling more insistently for some unspecified form of U.S. military intervention against the regime of Syrian president Bashar al-Assad, I admit to suffering the same doubt as Julian. What exactly is the legal theory here – under domestic and international law – that would authorize the United States to use force in Syria? There was,...

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26 Apr

In the wake of a factory building collapse in Bangladesh, in which at least 273 lives have been claimed, many are calling for reform by Western high-street brands that rely on cheap labor as the accident reignited questions about the often lethal conditions in the country's garment industry. The Atlantic offers a piece about how garment workers are pushing for...

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25 Apr

New evidence that Syria has used chemical weapons against insurgents have spurred new calls here in the U.S. for military action in Syria.  Here is the LA Times (hardly an interventionist paper): An American or multilateral response should of course be proportional to the offense. That means considering whether chemical weapons were used against civilians or militants, and whether a "whole...

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25 Apr

French President Hollande is receiving a warm welcome during his visit to Beijing, which according to the Financial Times is a snub to the UK government which has not been high on China's welcome list after David Cameron's meeting with the Dalai Lama last year. US Treasury officials appeared before the House Appropriations subcommittee to push for a different allocation in US contributions...

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24 Apr

Clashes have escalated on the Syria-Lebanon border, causing worries that Lebanon will be pulled further into the Syrian conflict.   The French Parliament passed a bill legalizing same-sex marriage and extended the right to adopt children to same-sex couples as well, making France the 14th country in the world to do so. India is alleging that a Chinese platoon has entered its Ladakh...

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23 Apr

[Beth Stephens is a Professor at Rutgers Law] As a late-arrival to this Insta-Symposium, I find that many of my thoughts about the Kiobel opinion have already been expressed. Corporate defendants won an important victory in Kiobel, at least for foreign corporations with no more than a “mere corporate presence” in the United States. I had not predicted that the justices...

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23 Apr

In addition to the Ku/Yoo essay in Forbes, I'll just point out two more positive takes on Kiobel from FOBs (friends of the Blog). In Lawfare, John Bellinger expresses satisfaction with the Roberts opinion, and takes some credit for raising the presumption against extraterritoriality issue in government briefs during the Bush Administration and in the first round of Kiobel briefing.  He...

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23 Apr

Today at 4:00 p.m. EST, a hearing will take place in the US Senate entitled: Drone Wars: The Constitutional and Counterterrorism Implications of Targeted Killings; you can watch it on the webcast live. Lawfare has highlighted five ways to reform the targeted killing program ahead of today's hearing. A car bomb has exploded outside the French embassy in Tripoli. In an already tense diplomatic...

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