My ubiquitous colleague Eric Freedman, who has in the past 10 days testified on the Terry Schiavo case before Congress and consulted in the Medellin case, passes along this info about yet another one of his cases. Judge Henry H. Kennedy of the D.C. federal district court has granted a preliminary injunction preventing the Defense Department from transferring...
Having failed to motivate myself to get down to D.C. for oral argument in Medellin, and being too cheap to shell out the money for an instant transcript, I will have to content myself with reviewing the several very interesting press accounts of the argument at SCOTUSBlog, Slate, Law.com, and the NYT. All of these accounts seem to agree that...
Professor Barry Carter of Georgetown University Law Center recently posted onto the American Society of International Law’s listserve that the 2005 National Defense Strategy, undersigned by Secretary of Defense Rumsfeld states the following in the section assessing America’s vulnerabilities:“Our strength as a nation state will continue to be challenged by those who employ a strategy of the weak using international...
Today, the Supreme Court finally hears oral argument in the Medellin case. I don’t have much more to add than what SCOTUSBlog has reported here, but it strikes me that Texas is again in a very difficult position, mostly because of their own high-risk litigation strategy and also because of Medellin’s clever and effective approach.By filing a motion to stay...
Readers of my skeptical blog posts on internationalism (here and here) might be surprised and amused that I spent the past week in the heart of Old Europe at a classically internationalist confab: the Willem C. Vis International Arbitration Moot Competition. The Vis Moot draws students and lawyers from 47 different countries to Vienna to participate in arbitration...
Daniel Drezner has a post (and there are some equally interesting comments) on the ousting of the President of Kyrgyzstan. He asks whether the news from Kyrgyzstan and the recent events in Lebanon, Egypt, Iraq, and Afghanistan are the first hints of a new “wave” of democratization, in the sense popularized by Samuel Huntington’s book The Third Wave.I hope that...
In the ongoing saga of Augusto Pinochet, the Supreme Court of Chile found that he had Head of State immunity that prevented from his being prosecuted for the killing of his predecessor, General Carlos Prats. See the BBC report here. Pinochet is also being investigated for human rights abuses under Operation Condor, which persecuted and killed left-wing opponents during the...
Last week's Economist has this excellent article (sub. req'd) summarizing some important empirical studies being done on failed states and post-conflict state building. The conclusions of a raft of recent studies give grounds for optimism: failed states and those on the brink of failure (sometimes called "Low-income countries under stress" or LICUS) can be saved with relatively low investments in...
After a ten-year process, ICRC published this week its report on the rules of customary international humanitarian law ("CIHL), i.e., customary law governing conduct during war. The full report can be downloaded here. Advance warning: I' ve been told from a reliable source in Geneva that the bound version weighs in at 300 pounds! State practice takes up one volume;...
This and other reports indicate that the oil industry is jumping on board the Law of the Sea Treaty bandwagon, setting up a battle between two key Republican constituencies: the energy industry and conservative intellectuals. According to this report, oil development companies will not invest in risky undersea oil exploration efforts until property rights over such ventures are settled....
As I sip my half pint of Weiznenbier "Edelweiss" here at Cafe Leopold in Vienna, I thought I would blog a few short posts using the cafe's free WLAN:Representatives from North Uganda visited the Hague last week to ask the ICC to hold off on arrest warrants for leaders of the Lords’ Resistance Army. As I have noted before, the...
Kofi Annan is scheduled to announce in a talk to the General Assembly today that he will push for major reform at the UN, including replacing the HR Commission with a HR council, expanding membership of the Security Council from 15 to 24, making troops serving UN missions accountable for their crimes, redefining terrorism and adopting an agressive nonproliferation system....
