In association with the International Commission of Jurists

General

12 Jun

[Daniel Bodansky is a Professor at the University of Georgia Law School] In the international climate change negotiations, new ideas are a scarce commodity.  After almost twenty years of intensive work, most of the low-hanging fruit have already been plucked, and progress tends to be more incremental – a refinement to the possible types of emissions targets here, a new variation...

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11 Jun

I appreciate the comments from Professors Fontana and Ahdieh, and don’t have much to quarrel about with them.  They offer useful correctives or supplements to my argument. On the question of the scope of the argument – that is, the nations where we can expect convergence in constitutional law – my essay notes one important exception, and Professor Fontana raises a...

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11 Jun

[David Fontana is a Professor at George Washington University School of Law] Mark Tushnet has written another interesting paper, yet again combining his background in American and comparative constitutional law.  Tushnet argues—with some qualifications—that there are major structural pressures leading to the globalization of a genre of provisions of domestic constitutional law.  Tushnet’s paper is shorter, so there are many claims...

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11 Jun

[Robert Ahdieh is a Professor at Emory Law School] At the outset, my thanks to the editors of the Virginia Journal of International Law for inviting me to contribute to this symposium, to my friends at Opinio Juris for hosting it, and to Professor Tushnet for his valuable contribution to ongoing debates about constitutionalism, globalization, and their interrelationship. Needless to say, Professor...

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10 Jun

As an eminent scholar on the topic of amnesties, I appreciate Ron Slye’s thoughtful response to my analysis of the Barrios Altos case.  His critiques are certainly ones that I anticipated when offering my broad reading of the Inter-American Court of Human Rights’s landmark ruling.  As a regional body, the Court can only issue judgments that bind member States.  Thus,...

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10 Jun

[Ronald Slye is the Director of International and Comparative Law Programs and Professor at Seattle University School of Law] Lisa Laplante provides those of us interested in international criminal law, and more specifically the legitimacy of utilizing amnesties during a period of societal transition, with a valuable service by pointing us to, and carefully parsing, the Barrios Altos decision of Inter-American...

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09 Jun

I am briefly interrupting the erudite VJIL symposium to note that a task force announced by the administration to discuss and come up with ideas on how to address detention, Guantanamo, etc., is meeting today in DC.  I am unable to make it today, but supplied a number of comments via Ben Wittes, and I send it all good wishes...

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09 Jun

I share Paul’s hope that my article will prompt further consideration of the use of IEEPA sanctions to address the problem of proliferation.  The article aims to demonstrate that the way E.O. 13,382 has been used so far is unlikely to prompt any successful legal challenge, but that does not mean the issue should not give us all pause.  Since...

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09 Jun

[Paul B. Dean is Attorney-Adviser, Office of the Legal Adviser, at the U.S. Department of State] Thanks to Opinio Juris and VJIL for hosting this discussion and
thanks of course to Professor Guymon for raising this interesting topic.  I'm happy to provide what I hope will be a constructive response.  I
must emphasize that any views expressed herein are my own and not
necessarily...

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08 Jun

I begin by thanking Ryszard Piotrowicz and Jean Allain for agreeing to take on the somewhat delicate task of commenting on my critique of James Hathaway’s article.  I am sure they will not be offended by my expressing sincere regret that Professor Hathaway himself declined to participate in this symposium. Neither respondent challenges (or seriously interrogates) my central conclusions: (i) Hathaway...

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08 Jun

[Ryszard Piotrowicz is a Professor of Law at Aberystwyth University] I would like to make three points in relation to the articles by Prof. Hathaway and Dr Gallagher. First, It seems to me that Dr Gallagher effectively refutes the basic argument of Prof. Hathaway, that the developments in trafficking in human beings (THB) have served to distract attention from what is asserted...

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08 Jun

[Dr. Jean Allain is a Reader in Public International Law at the School of Law, Queen’s University Belfast and author of The Slavery Conventions: The Travaux Préparatoires of the 1926 League of Nations Convention and the 1956 United Nations Convention (2008) and “The Definition of Slavery in International Law” 52 Howard Law Journal 239 (2009)] There is nothing like a ‘response’...

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