OK, I'll admit up front that this is a relatively narrow topic. But I've written a chapter on the U.S. Supreme Court's approach to treaties from 1861 to 1900 (you can download it here). The project's initial appeal was participating in this great conference last year at Santa Clara on the history of the Supreme Court and International Law. Bill Dodge, Mike Ramsey...
On her new article in the latest AJIL, "Power and Persuasion in Investment Treaty Interpretation: The Dual Role of States." Although not the expert Roger and others are on investment law, I've read this closely and think it is a blockbuster article. Anthea Roberts, currently a junior professor at LSE, is one of the brightest and best of the young-young...
At least two of the Russian spies are naturalized US citizens -- Vicky Palaez and her husband Mikhail Vasenkov (aka Juan Lazaro). In Palaez's case, at least, it looks like there was nothing fraudulent about her naturalization (presumably there's a case that her husband's was, though I haven't seen anyone make it). As part of the plea agreement, Palaez agrees to...
This, over at EJILTalk! Amrita responds to earlier posts by Brad Roth and me, in a discussion that started out around an EJIL article of mine, The Rise of International Criminal Law. We all have since moved the discussion to a variety of things, and Amrita's response is very interesting and worth reading in continuing those debates. One of the questions...
Morton Abramowitz and James Hooper have a very interesting analysis in the National Interest of the likely effect of the soon-to-be released ICJ advisory opinion in Kosovo. The analysis is not legal, but political. And the bottom line, Kosovo is far from out of the woods, even if the judgment is favorable to Kosovo statehood: No one knows what the court will do, but: —If...
Julian's link to the WSJ blog post forces me to aim for something a little more coherent (apologies, I didn't know they were doing the interview format - thought they were on the usual fishing expedition for a soundbite or two). The bottom line: I think there's a pretty good chance the S.B. 1070 will be enjoined before it goes...
Our own Peter Spiro talks to the Wall Street Journal's Law Blog on today's filing of a federal lawsuit against Arizona's immigration law. The grounds for the lawsuit, as expected, is preemption, even though most of the political debate about the lawsuit is concerned with racial discrimination. The choice of preemption confirms my assessment that an equal protection challenge to...
Surely one of the great things about a career in international law is the travel. I consider myself extremely fortunate to have found a profession that afforded me opportunities to visit (or even live in) a diverse set of destinations, whether it was Nairobi or Geneva, Buenos Aires or Jakarta, Osaka or St. Petersburg, and, yes, even Doha in the summer (and...
From the AP account of the Kagan confirmation hearing of the now presumably de rigueur question of candidates ...
I am in Israel this week on a nationwide tour with Jewish, Christian and Muslim leaders from Los Angeles to examine in detail the current state of Israeli-Palestinian relations. We have heard from Arab and Jewish members of the Knesset, visited hot spots along the Green Line, toured holy sites together, spoken with journalists who report from both sides...
I wanted to thank all of the contributors (Bill Dodge, Austen Parrish, Margaret Sachs) to our discussion here about the recent Supreme Court decision on the extraterritorial application of U.S. securities laws in Morrison v. National Australia Bank. I wanted to also point readers toward some very wise and interesting comments on the decision from Prof. Hannah Buxbaum (over...
[caption id="attachment_12870" align="alignright" width="300" caption=" "][/caption] The U.N. General Assembly and Security Council today voted to elect Xue Hanqin (薛捍勤) of China to membership on the International Court of Justice. Xue will fill out the rest of the Judge Shi Jiuyong's term, which runs until 5 February 2012. As I noted before, Xue has an extensive experience as a diplomat as well as...
