The Obama Administration is becoming famous for their Friday night news dumps (deficit reports are always on Fridays). So here is another one sure to anger some parts of their base, but which is carefully buried while everyone is watching the Yankees beat up on the Angels. The Obama administration has formulated a new policy for Sudan that proposes working with that country’s...
Curtis Bradley and Jack Goldsmith have a nice piece in Green Bag on foreign sovereign immunity as applied to current and former government officials. The article tees up the issues that will be presented in Samantar v. Yousef. Here is a key part of their argument: We agree with those courts that have concluded that suits against individual foreign...
Harvard Law School is hosting in a couple of week what is certain to be a very interesting small conference on the Alien Tort Statute. I was lucky enough to be one of the invitees, addressing the issue of corporate liability under the ATS. I address the issue of corporate liability under the ATS, but am actually interested in it...
The Washington Post reports that a prominent Democratic fundraiser and close ally of Senator John Kerry (chairman of the Senate Foreign Relations Committee) is seeking to be permitted to lobby on behalf of the current Sudanese government. This may seem a little weird, and even morally distasteful, but it is another logical consequence of the engagement strategy. As the hopeful...
It's good to be back battling with my fellow co-bloggers. I still owe Chris and Deborah a response on other matters, but let me just briefly respond to Kevin's smart but still not entirely convincing post. It's not that I have any serious rebuttal of Kevin's legal analysis of the Honduras Constitution (and I apologize for my boo-boo on the...
I have no expertise in this area, so I'm not going to opine on the legality of Zelaya's ouster. Two things, however, are worth noting. First, the report that Julian mentions was not written by the Congressional Research Service -- a mistake that others on the right have made. It was written by the Law Library of Congress. Second, the...
Senator Jim DeMint of South Carolina weighs in today with a WSJ oped blasting the Obama Administration's policy toward Honduras. Putting aside the merits of DeMint's analysis for the time being, I found his oped interesting for two reasons: one having to do with DeMint's somewhat sketchy actions, and the other with Harold Koh's potentially sketchy legal advice. 1) "One Voice"? DeMint is...
Today it was announced that Barack Obama has been awarded the Nobel Peace Prize. One cannot fully understand the reason for any Nobel peace award until December 10 (Nobel’s birthday), when the Laureate makes an acceptance speech and the head of the Nobel Committee explains their thinking in conferring the award. The official announcement alludes to the new...
This video from Anne Bayefsky of the Human Rights Council meetings on the Goldstone Report is fascinating (though I am not on board with her over-the-top attack on Goldstone personally). But note the indiscriminate and deeply hypocritical use of the words "genocide," "war crimes," and "crimes against humanity" by the least morally attractive member states of the HRC (How...
While I agree with Julian that the interplay of law and politics on questions of statehood can lead to difficult questions, I think his declaration that “we still don’t know when a state is a state,” does more to obscure the issues than actually give a clear picture as to how law and politics affect each other. First of all,...
Assuming that the other Circuits follow suit, Roger is almost certainly right that the Second Circuit's recent decision in Talisman Energy "will be the death knell for most corporate liability claims under the Alien Tort Statute." That's regrettable in itself. What's particularly regrettable, though, is that the Second Circuit still has no idea what it's talking about when it comes...
Well, I don't know that for sure yet -- I only just got in from the airport an hour ago. But it sure is beautiful this time of year. I am here for what looks to be a great conference -- the first academic forum (i.e., workshop) jointly organized by the American Society of International Law and the European Society...
