On Wednesday, the European Court of Human Rights heard a critically important case, Saadi v. Italy, concerning the European Convention's absolute prohibition on deporting individuals to states where they face a real risk of torture or ill-treatment. A number of states, the UK foremost among them, are seeking to weaken that prohibition:The government of the United Kingdom, along with...
In today's New York Times, Jack Goldsmith and Neal Katyal have an interesting op-ed proposing that Congress create a special Article III "national security" court that would oversee a comprehensive system of preventive detention. Nearly six years after 9/11, the government’s system for detaining terrorists without charge or trial has harmed the reputation of the United States, disrupted alliances,...
In Jose Alvarez's president's column this month over at the ASIL website, Jeff Dunoff, Steve Ratner, and David Wippman defend their leading casebook against French charges that American approaches to international law are too realist, too interdisciplinary, and too US-centric. I think their arguments are pretty persuasive. US policy may not lately have had much to offer to...
The bloggers at Balkinization have grouped together their posts relating to the use of torture under the title The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, Executive Authority, DOJ and OLC. Marty Lederman explains in his intro:For ease of reference, we've grouped together [and updated] our posts on the complex of issues raised by torture, interrogation,...
Coming Anarchy has continued its series on Oceania's security challenges, with a new post each Monday. Last week there was a post (once again by Phil Howison of Pacific Empire), on the arc of instability in the South Pacific. This week's is by guest blogger The Strategist, taking a look at the rise of China in Oceania. Interesting and...
China sentenced Zheng Xiaoyu, former drug and food safety chief, to death yesterday for corruption. He was convicted of taking $850,000 in bribes from eight companies. The Chinese high court reportedly ruled that "Zheng Xiaoyu's grave irresponsibility in pharmaceutical safety inspection and failure to conscientiously carry out his duties seriously damaged the interests of the state and people." Amnesty...
The UN Global Compact convened a "leaders summit" in Geneva this past Friday and Saturday, drawing hundreds of corporate officers, NGO and IO representatives. Though most participants look to have been at the senior VP level or equivalent (here is the list), among them were the CEO of Coca-Cola, the Secretary-General of Amnesty International, and a handful of academics...
A WTO dispute panel recently rendered an important decision on the right of a developing country to ban imports of products that promote the spread of mosquito-borne diseases such as yellow fever, malaria, and dengue. Although it dealt with the prosaic issue of the importation of tires, the case represents a useful precedent outlining the measures that a country...
Well, at least it is scheduled to start today in federal court in Birmingham, as the Wall Street Journal reports here. The claims alleged by plaintiffs are that Drummond Co. -- a privately held US-based mining company-- collaborated with Colombian paramilitary members in the deaths of three union organizers at a Drummond mine in Colombia in 2001. If...
A federal district court in Indiana has rendered an important decision last week involving claims of international labor violations under the ATS. In the case of Roe v. Bridgestone, plaintiffs allege numerous violations of international law, including forced labor, forced child labor, poor working conditions, and low wages. According to the complaint, rubber plantation workers in Liberia are paid between...
One of the ways to heighten student and faculty interest in international, comparative and cross-cultural legal issues is to examine those issues through the lens of traditional domestic topics. Nothing seems more "local" than criminal defense. The newly published Second Edition of "Cultural Issues in Criminal Defense," edited by Linda Friedman Ramirez, an attorney in Florida, should put...
I will be in Vienna from July 9-16 with some time on my hands. If any Opinio Juris readers live in the city and would like to meet up for coffee, feel free to write me at my Auckland e-mail address: k.heller@auckland.ac.nz. Hope to hear from you! ...
