In association with the International Commission of Jurists

General

14 Apr

Apologies for this interruption of a great VJIL discussion on Chris Bruner's fascinating article, but I can't resist yet another post on the continuing international dispute over whaling.  The NYT reports the U.S. is trying hard to broker a deal between the anti-whaling nations (read Australia) and whaling nations like Japan. The compromise deal, which has generated intense controversy within the...

|
14 Apr

Many thanks to Professor Cheffins for his thoughtful response, in which he highlights an important challenge in evaluating the degree of shareholder-centrism in differing corporate governance systems—the difficulty of quantifying the impact of varying legal strategies for protecting shareholders’ interests. In this reply to the issues raised by Professor Cheffins, I distinguish various metrics of shareholder-centrism and consider the degree...

|
14 Apr

[Professor Brian Cheffins is the S.J. Berwin Professor of Corporate Law at the University of Cambridge Faculty of Law] As Prof. Bruner points out in his insightful Article, in the literature on comparative corporate governance, there is a tendency to treat the United States and the United Kingdom as being very similar across key dimensions. He shows convincingly that in fact...

|
14 Apr

I am unable to say much at this moment, either to Kevin's question below or to this Robert Wright "Opinionator" blog post in the New York Times, but I did want to flag it for your attention.  Wright is unhappy with both drone warfare and targeting of US citizens, and many other things besides: Students of the law might raise a...

|
13 Apr

The Washington Post editorializes today in praise of Legal Adviser Koh's statement on drones in his speech to ASIL on March 25.  It specifically focused on the self-defense distinction in the statement: Mr. Koh's reaffirmation of the right to self-defense -- even outside the confines of an existing armed conflict -- is particularly important. The Authorization for the Use of Military Force...

|
12 Apr

Treat liquidity risk and runs on institutions as fundamentally a question of lack of information - the lack of information on the underlying financial solvency prompting flight from uncertainty.  In that case, the question following the announcement in the press yesterday of the Greek-EU bailout is not so much what it signals about liquidity, as instead what contribution it will...

|
08 Apr

The Obama administration has been savagely criticized for authorizing the CIA to use lethal force against Anwar al-Awlaki, a US citizen who is allegedly a member of al-Qaeda in Yemen.  Glenn Greewald, for example, has described the decision -- justifiably -- as "unbelievably Orwellian and tyrannical."  To date, however, critics have ignored what I think is perhaps the most important...

|
07 Apr

The American Society of International Law recently awarded its annual certificates and prizes for scholarship in international law.  A number of the winners have either been involved in OJ symposia or are friends of the blog, so I want to acknowledge their achievements here: Certificate of Merit in a specialized area of international law: Mark Osiel, "The End of Reciprocity: Terror,...

|
06 Apr

Walter Russell Mead has an illuminating post on the liberal internationalist tendencies of the Obama Administration.  Putting aside whether or not liberal internationalism is, as Mead puts it, "a strategic mistake that leads a lot of people inside the administration and well beyond it to make consistently bad decisions about American foreign policy.", I find his post fascinating for its classification of different approaches...

|
06 Apr

"An ancient gold tablet, discovered during archaeological excavations in 1913 in the Ottoman Empire, disappeared from a Berlin museum in the immediate aftermath of World War II and reappeared almost sixty years later in the safe deposit box of a Holocaust survivor." So begins In re Flamenbaum, a case that reads like a Hollywood movie script. As reported here, "the...

|
06 Apr

It's not exactly a hot topic, even among international lawyers, yet the ongoing dispute over the Western Sahara (and Morocco's claim to it) has drawn the attention of 54 U.S. Senators, who recently sent a letter to U.S. Secretary of State Clinton about it favoring support for Morocco's 2007 proposal for autonomy in the disputed region. This analysis claims the...

|