As NATO meets over the downing of Turkey's jet by Syria, Turkey has also written to the UN Security Council that the attack is a "serious threat to peace and security". The EU foreign ministers have urged Turkey to exercise restraint in its responses. Meanwhile, Syria has allegedly shot at a second Turkish jet. In an interview, the Director-General of MI5...
The Supreme Court has struck down state laws mandating juvenile offenders to be sentenced to life without parole with its decision in Miller v. Alabama. The decision is part of a logical progression from decisions constitutionally barring the death penalty for juvenile offenders (Roper v. Simmons) and life sentences for juveniles for crimes not involving murder (Graham v. Florida). What's interesting...
As predicted here, the Supreme Court delivered a split decision today in the Arizona immigration case. But to the extent that it's a partial victory for supporters of SB 1070, it's only a nominal one. Justice Kennedy's majority opinion broadly validates federal power over immigration, leaving a very confined space for state activity. Kennedy's opinion situates immigration law as part of...
Long-time readers may recall that I have a standing offer to employ my services as a technical consultant for any Hollywood producer or New York Times best-selling novelist looking for accuracy in popular portrayals of international law. And we here at Opinio Juris regularly like to make hay of how popular culture interprets international law and international relations. For our...
Mohamed Morsi, the candidate of the Muslim Brotherhood, is declared the winner in the Egyptian Presidential Election. Turkey has invoked article 4 of the NATO Charter to arrange consultations on its response after Syria shot down a Turkish fighter plane. Turkish warplanes have been busy this weekend, carrying out nine air strikes on PKK targets in Northern Iraq. Additionally, 33 members of the...
This week on Opinio Juris, we continued last week’s discussion on the US debate on ratification of the UN Convention on the Law of the Sea with a follow-up post by Craig Allen, addressing the Convention’s extended continental shelf revenue sharing and its compulsory dispute settlement. John Noyes’ response to last week’s post by Steven Groves discussed why ratification would...
The UN Special Rapporteur on extrajudicial killings, summary or arbitrary executions has held that the US drone strikes flout internationally recognized human rights standards and may even be war crimes. The Washington Post has an opinion piece on the impact of drone attacks on diplomacy. The Atlantic has a follow up piece. The US is using Facebook to drive a wedge between...
[John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law.] I do not share Professor Rabkin’s pessimistic view of the prospect of international arbitration of law of the sea disputes under the Law of the Sea Convention. LOS Convention tribunals and the law of the sea experts who serve as judges and arbitrators have helped...
[Editors Note: We inadvertently posted the incomplete version of this post by Jeremy Rabkin this morning. This post has his response to Prof. Noyes earlier post today. Sorry for the confusion.] [Jeremy Rabkin is Professor of Law at George Mason University School of Law.] Craig Allen has performed a valuable service by reporting the range of sea-related treaties where we have already committed to...
The cover story in this month’s Atlantic magazine is an article by former U.S. State Department head of policy planning, former dean of Princeton’s Woodrow Wilson School for Public & International Affairs, former Harvard Law professor Anne-Marie Slaughter. Anne-Marie’s writings on international institutions and international networks are, I’m sure, known to many OJ readers. For this reason alone,...
Here's an interesting report just out from the Open Society Initiative for Eastern Africa on the citizenship deficit in the wake of South Sudan's secession. The problem: several hundred thousand persons of South Sudanese descent resident in the north following the breakaway who now apparently have no status at all - ie, they're stateless. This is the definitive paper on...
The Telegraph asks whether the Rio Summit is destined to fail. If you want to keep up-to-date with the Rio+20 conference, the International Institute for Sustainable Development's Earth Negotiations Bulletins are a useful starting point. In a statement before the Ways and Means Committee of the United States House of Representatives, Deputy Secretary of State William Burns argued in favour of...
