In association with the International Commission of Jurists

General

28 Jan

(Update: In addition to thanks to our commentators, I want to flag in particular the extended version of Euan Macdonald's comments over at the global administrative law blog.  And thanks to David Zaring, as well, for his comments over at The Conglomerate blog.  Very interesting reactions - check them out.) Well, I think it is an on-going debate, anyway!  I was...

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28 Jan

We appreciate Professor Huang’s comments, especially his praise, of course. We probably do not differ with his view that much. We do not believe that the AML will easily become effective – its enforcement in many areas is likely to suffer setbacks, given the looming turf battles that the AML Enforcement Agency (AMLEA) is likely to have with existing economic...

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28 Jan

[Huang Yong is Professor of Law at the University of International Business and Economics in Beijing, China. Professor Huang is also one of the drafters of China’s Antimonopoly Law.] On the question of whether China’s Antimonopoly Law (AML) should regulate administrative monopolies – and whether it can effectively do so – Professors Mehra and Meng have given us an affirmative answer...

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27 Jan

I am very grateful to Oliver Gerstenberg for commenting on my paper. As always, Oliver’s illuminating comments go to the heart of the matter. His defense of a minimalist approach to the ECJ offers an alternative to the presumably “maximalist” proposal I defend in my article. I accept this label for the purpose of our exchange. At one level, Oliver...

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27 Jan

[Dr. Oliver Gerstenberg is Reader in Law at the University of Leeds. Dr. Gerstenberg is one of the leading scholars in this field.] Would the European Court of Justice (ECJ), as Vlad Perju suggests, benefit from a “discursive turn” (338); brought about by “allow[ing] its members to enter separate opinions” (309); in an effort to “politicize” EU law (327)—with the long-term...

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24 Jan

I am unclear as to one thing in the Executive Order issued by President Obama regarding interrogation practices.  The text of the Executive Order is here.  It provides that the CIA must conform to the Army manual with respect to interrogation techniques, but says (bold-face added): (b)  Interrogation Techniques and Interrogation-Related Treatment.  Effective immediately, an individual in the custody or under...

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22 Jan

Just before President Clinton left office and on the last day it was open for signature, the United States signed the Rome Statute of the International Criminal Court.  The Bush Administration would later, through John Bolton, inform the United Nations that the United States did not intend to ratify the treaty, thereby removing any obligations associated with the U.S. signature...

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21 Jan

The Cable has a short post on Dean Anne-Marie Slaughter taking a leave from Princeton to become the head of the State Department's Policy Planning Staff (a post previously held by George Kennan, Paul Nitze and, more recently, by Tony Lake, Dennis Ross, Richard Haass, and Stephen Krasner). Anne-Marie, as many readers of this blog would know, is a prominent international...

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21 Jan

One other added benefit of the upcoming Obama years (and there are likely to be few)  is the end of the dishonest or at least inaccurate charges about the radical nature of the Bush Administration's views on executive powers.  The most annoying one that I've heard a million times from Keith Olbermann but also from otherwise intelligent and respectable constitutional...

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21 Jan

No "citizen of the world" talk today.  I was a little surprised at the fairly pronounced us/them premise of the speech, a worldview still defined by states.  And no nods to international institutions, even as a general proposition.  Of course Obama is the President of the United States (and most Americans certainly expect the national framing), but if I were...

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21 Jan

I admit I am not exactly looking forward to the Obama years. Still, it did warm my heart a bit to hear the new U.S. commander-in-chief endorse the continuation of the war on terrorism in his inaugural speech yesterday.   That we are in the midst of crisis is now well understood. Our nation is at war, against a far-reaching network...

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