... this is the title of an op-ed in today's International Herald Tribune by Spencer Boyer. Spencer and I were law school classmates and I appreciate his insights.His essay returns to a topic that we have discussed here on Opinio Juris--the riots in an around Paris--but he is provocative in how he assesses prejudices on both sides of...
An English translation of the Swedish Supreme Court decision in Åke Green was sent to me today by the religious liberty organization Alliance Defense Fund. A copy of the English translation is here (UPDATE: link now fixed). The original Swedish Supreme Court decision is here. In brief, the case involved the prosecution of pastor Åke Green for hate speech for...
Lots of news today regarding the involvement of Syria in Lebanese politics and specifically the assassination of former Lebanese Prime Minister Rafik a-Hariri. On the same day that the UN annouced that it has new evidence of Syrian involvement in the assassination and accused Syria of obstructing the investigation, a car bomb exploded in Beirut , killing a prominent...
Two stories on choosing between publishing in a mid-level mainline journal and an international law journal: Story Number 1: I had a colleague a few years back who was going up for tenure that year and had outstanding offers to publish her article from the Harvard International Law Journal and the Rutgers Law Review. She was particularly concerned...
The Israeli Defense Forces has long used targeted assassinations to eliminate alleged terrorists, as Steven Spielberg's newest film Munich reminds us. Interestingly, the government of Israel is currently defending the legality of the practice, invoking the customary international law of war to justify its recent killing of two alleged Palestinian terrorists. The theory here is that after...
On the lighter side of international law, over the weekend a law student was crowned Miss World 2005. You would think the most beautiful law student in the world would attend the most beautiful law school, (as ranked by 100,000 students who attend elsewhere). But no, Unnur Birna Vilhjalmsdottir, 21, is a law student in Iceland of all places, and...
Secretary Rice continues her PR offensive. This time, her target audience is U.S. readers of the Washington Post's Sunday Outlook section and her topic is not torture, but a restatement of the Bush Administration's main strategic goals in foreign policy as the search for a Kantian(?) "democratic peace." None of this is new exactly, but it is interesting nonetheless. Here's...
The text of Mohamed El-Baradei's Nobel Peace Prize Lecture is here. It is quite good. It is perhaps too utopian for my taste, but if any group deserves utopian license it is that category of individuals known as Nobel Peace laureates. We may have in El-Baradei a prophet of peace from (and for) the Arab world.The speech is hopeful, cosmopolitan,...
As IAEA chief Mohamed ElBaradei is about to receive the Nobel Prize at the same time as he announces that the international community is losing patience with Iran's intransigence over its nuclear program, I'm prompted to continue thinking about the relationship between international law and US power. Now, it's true that the IAEA has had numerous successful instances of...
In 1933, his first year as chancellor, Adolph Hitler began boycotting Jewish shops. By 1935 he deprived Jews of German citizenship. In early 1938, laws were passed restricting Jewish economic activity. In October 1938, thousands of Polish Jews were deported. Then, on the nights of November 9-10, 1938, a pogrom was unleashed on Jewish businesses as gangs of Nazi youth...
What if contract law scholars never studied the end game? What if they offered little to no analysis of early contract termination, rescission, or frustration of purpose? What if the entire focus of contract law was on contract formation, performance and breach, and that any unilateral lawful attempts to avoid contractual obligations were looked at with a jaundiced...
In very welcome news on the humanitarian law front, the signatory states of the Geneva Conventions voted yesterday (98 in favor, 27 against, 10 abstentions) to adopt a Third Optional Protocol, adding the red crystal symbol to the red cross and red crescent as a permissible emblem. This clears the way for membership into the movement of Isreali relief...
