Thanks to Duncan and Opinio Juris for the chance to discuss this work, and thanks to Oona and Scott for writing it. This is a wonderful article, provocative and learned, bursting with fresh thinking and rich in empirical observation. It was a pleasure to read. There's a wealth of stuff to discuss. I agree, both positively and normatively, with treating international...
In their article Outcasting: Enforcement in Domestic and International Law, Oona Hathaway and Scott Shapiro make a seminal contribution to the study of the legality of international law. Their piece is not only a direct contribution to the burgeoning field of philosophy of international law, but it also participates in and deepens an important conversation within the field of general jurisprudence...
We are grateful to Duncan and Opinio Juris for the opportunity to discuss our article. Here we attempt to lay out our central claim and the key implications we believe it has for the organizing questions in the field of international law. Our article proposes a new way to think about law enforcement. We argue that law enforcement need not involve...
Readers know all too well where my sympathies lie regarding WikiLeaks and Julian Assange. But I have to admit, I'm baffled by the paranoid reaction my fellow WikiSupporters are exhibiting in the wake of Assange's latest failure to block his extradition to Sweden to face sexual-assault charges. Exhibit A, from the usually invaluable WL Central: The possibility of criminal charges against...
As readers may know, Israel's Knesset is currently considering two laws designed to prevent foreign governments and international organizations from funding progressive Israel human-rights groups: one that drastically limits the amount of funding such groups could receive, and one that imposes a tax of nearly 50% on foreign funds received by human-rights groups that do not receive Israeli funding (i.e.,...
There are many reasons to demand closing Guantanamo Bay and ending the military commissions, such as the government's tendency to invent armed conflicts in order to convict defendants of imaginary war crimes. But even if you don't care about the integrity of international humanitarian law or the coherence of the American approach to that body of law, you should still...
[Robert E. Williams, Jr. is an associate professor of political science at Pepperdine University and an expert on corruption in Equatorial Guinea]. The other shoe has dropped in the U.S. Government’s corruption case against Teodoro Nguema Obiang Mangue. Last week, a civil forfeiture complaint was unsealed in the U.S. District Court for the Central District of California as a second...
Here is a story that no one (here in the U.S. anyway) is paying attention to: Russia’s accession to the WTO cleared a major hurdle when the WTO Working Party on its accession approved, ad referendum on 10 November 2011, the package spelling out Russia’s terms of entry to the organization. The Working Party will now send its accession recommendation to...
The Naval War College has published the latest volume in its Blue Book series. Here is the description and information about how to obtain it (although you can simply get the PDF here): The Naval War College International Law Department recently published volume 87 of its International Law Studies "Blue Book" series. The Blue Book has served as...
Next Friday (November 18), Berkeley (along with the ICRC and ASIL's Lieber Society) is hosting what looks like a fantastic conference on the issue of 'cyber war' and the relevant questions of law, ethics and policy. Here's how they're describing it: The seminar will examine legal, ethical and policy issues posed by cyber warfare. While much attention has been paid to jus...
That was the candid assessment of outgoing ICC Prosecutor Luis Moreno-Ocampo at the recent ASIL Midyear meeting held at UCLA this past weekend. In a free-flowing and unusually frank discussion of the International Criminal Court to a packed assembly, Moreno-Ocampo admitted that there is "one standard for 119 member states, and another standard for every other country." He...
Once I again I want to extend our thanks to all of the discussants of my book on both EJIL: Talk! and Opinio Juris. In addition to my introduction, readers can find at the specified links the contributions of Michael Marrus, Alexa Stiller, and Rob Cryer with my reply on EJIL: Talk!, and those of Dave Glazier, Detlev Vagts, Roger...
