I thank Roger for his thoughtful comments. Roger himself has written a seminal article in this area, Federal Courts, International Tribunals, and the Continuum of Deference, 43 Va. J. Int’l L. 675 (2003), and I’m grateful for his kind words about my work. Let me try to address his points. First, I agree that Medellin addresses a...
Mark’s excellent article provides a thoughtful analysis of Sanchez-Llamas and the significance of that case for the question of deference to decisions of international tribunals. There is much to commend about this article. I particularly like his analysis of the risks and rewards of the dualist approach and his forceful argument that dualism strikes the appropriate balance of...
I’m grateful to the folks at Opinio Juris and VJIL for this opportunity to introduce readers to my article and to Roger for offering to serve as commentator. My article discusses the Court’s decision last year in Sanchez-Llamas v. Oregon. Sanchez-Llamas addressed the precedential effect of ICJ judgments in domestic courts. (By contrast, Medellin v. Texas, which the Court...
As an initial matter, thanks to Professor Craik for his kind and well-thought out comments to our article. I should note that Neil has done some wonderful work on transnational environmental governance and the use of environmental impact assessments. Just as one example, his paper on deliberation and legitimacy in transnational environmental governance is excellent and well worth...
At the heart of Professors Hsu and Parrish’s excellent paper is the turn to transnationalism in environmental governance in North America. The authors point to both the potential increased demand for transnational litigation, due to the (political) unavailability of bi-lateral approaches, and the potential for increased supply of transnational solutions through the dismantling of jurisdictional and evidentiary barriers to...
Shi-Ling nicely describes the crux of our article, and the different perspectives that we brought to the project. Here – very briefly – I wanted to take a step beyond our paper and elaborate on my nervousness over using domestic laws, applied extraterritorially, to solve transboundary (or international) problems. What Shi-Ling accurately describes as my lament. I agree with...
The Canadian province of Ontario suing Americans over transboundary air pollution?! Are we serious? We are. A convergence of a political, legal, and scientific developments have made this hypothesized lawsuit possible – a lawsuit that would have seemed quite unlikely just a few years ago. Tobacco litigation in Canada signals the lowering of some jurisprudential hurdles, causation...
Now in its forty-eighth year of publication, the Virginia Journal of International Law is pleased to continue its participation in the scholarly debate of international legal issues through a new partnership with Opinio Juris. By continuing this conversation online, VJIL remains committed to staying at the center of a dynamic and interactive field of international legal scholarship. From transboundary environmental...
Opinio Juris is pleased to announce that it has established an informal partnership with the Virginia Journal of International Law to promote VJIL scholarship on Opinio Juris. This week we will highlight the three articles just published by VJIL in Volume 48, available here. The authors of those articles, Shi-Ling Hsu & Austen Parrish, Mark Movsesian, and Christiana...
It's been a difficult week for the global campaign to abolish the death penalty. First, Afghanistan executed 15 prisoners, ending a three year moratorium on executions:The mass execution took place Sunday evening according to Afghan law, which calls for condemned prisoners to be shot to death, said Abdul Salam Ismat, the prisons chief. During the 1996-2001 rule of Afghanistan's hard-line...
Yesterday's announcement that Al Gore and the U.N.’s Intergovernmental Panel on Climate Change have won the Nobel Peace Prize came as a surprise to many. Just reading the comments over at the Volokh Conspiracy gives one a flavor of some of the skepticism. For those who do not follow these things closely, it is fair to ask, "What...
Here is the Nobel Committee's explanation of the award, which Gore shares with the Intergovernmental Panel on Climate Change:Indications of changes in the earth's future climate must be treated with the utmost seriousness, and with the precautionary principle uppermost in our minds. Extensive climate changes may alter and threaten the living conditions of much of mankind. They may induce large-scale...
