We want to thank the participants in the symposium once again for their fantastic comments on our article. We have really enjoyed watching the discussion unfold. Here we offer a few words in response. In his post, Peter Spiro suggests that we are operating from a “sovereigntist premise.” If what Peter means by this is that we...
Outcasting is an important contribution to international legal theory and an engaging read. But I wonder if the theory isn't limited by its assumption that sovereignty continues to be foundational to international law. The article closes with this: It is impossible to overemphasize the importance of state sovereignty in international law. The international legal system is both created by and creates...
Profs. Hathaway and Shapiro’s article, “Outcasting: Enforcement in Domestic and International Law,” is a very provocative and original piece of scholarship. Outcasting as a central mode international law enforcement has not received such a sustained and systematic study as they have. I am delighted to add a few thoughts to this discussion with thanks to Prof. Hollis for the opportunity. As...
Starting this coming Tuesday, Opinio Juris is pleased to host a joint symposium with the Yale Law Journal on a new article by Oona Hathaway and Scott Shapiro, Outcasting: Enforcement in Domestic and International Law. Here's the abstract: This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method...
Again and again, my fellow citizens, mothers who lost their sons in France have come to me and, taking my hand, have shed tears upon it not only, but they have added, "God bless you, Mr. President!" Why, my fellow citizens, should they pray God to bless me? I advised the Congress of the United States to create the situation...
For those in NYC tomorrow, I wanted to note that NYU Law is hosting what promises to be an informative experts' meeting tomorrow on the International Criminal Court. Here's the event description: How best to assure the independence of the ICC Prosecutor Friday, Nov. 11th from 6-7:30 p.m. NYU School of Law, Lipton Hall, Faculty Club, 108 West 3rd Street, New York, New York The independence...
Congratulations to Kal Raustiala and Laura Dickinson, the masterminds who conceived and carried out the first Research Forum sponsored by the American Society of International Law. The forum took place this past weekend in Los Angeles, together with the ASIL Mid-Year Meeting, which ASIL President David Caron has successfully moved out of Washington and out among broader constituencies of international...
Robert Reinstein is Clifford Scott Green Professor of Law at Temple University Law School and the author of Executive Power and the Law of Nations in the Washington Administration, which addresses the early history of the recognition power. M.B.Z. v. Clinton is the first case in which there is an apparent conflict between an act of Congress and the President’s authority...
Kevin Heller’s magisterial survey of the Nuremberg Military Tribunals offers the first comprehensive account of the trials, as well as an insightful analysis of the tribunals’ jurisprudence and legal basis. Heller is an international lawyer of considerable insight and his assessment of the trials is always judicious, frequently thought provoking, and, even if some scholars may quibble with this or...
There is much to be analyzed in the Ninth Circuit's en banc decision in Sarei v. Rio Tinto. I am exercising a guest blogging privilege to address two aspects: its holding regarding the nature of the cause of action (and implicitly, the remedy) available under the ATS, and, the consequences of that holding to a proper understanding of the extension of that remedy...
I have been raising various queries about the eurozone crisis and European governance - without making any claim to being an EU law scholar. University of Connecticut's Peter Lindseth is just that, however, and points us to a relatively new blog, Eutopialaw.com, where he and a number of other experts post regularly on these topics. I commend it to everyone,...
