My friend and colleague Daniel Bradlow, professor of law and director of the international legal studies program at Washington College of Law, as well as SARCHI professor of development law and African economic relations at the University of Pretoria, has a new short opinion essay on how Africa should respond to the global financial crisis and the deliberations of the...
As was widely reported, the United States and Iraqi negotiators (finally!) concluded negotiations last week by signing the text of a U.S.-Iraq Status of Forces Agreement (SOFA). Both sides now need to go through their respective domestic approval processes before exchanging the necessary notifications to bring the SOFA into force. In Iraq, that process includes parliamentary approval, which is not a slam dunk if...
What will it take to engage in a constructive debate about the power and limits of international law in international affairs? One answer is a book like Mary Ellen O’Connell’s, which makes a compelling case that not only scholars but laypersons and decision makers should think deeply before they disparage the international legal system in its entirety. Mary Ellen’s book...
Within the context of our roles as part of a research group at Princeton’s Center for Theological Inquiry, Mary Ellen and I have had many wonderful conversations about natural law as a source for international law. My sense is we both share the view that natural law could be such a source, and we have discussed various instances...
Salon.com has an article today about the Obama administration and torture that floats the horrifying possibility -- all too real, I'm sure -- that Bush will issue a blanket pardon for "anyone who participated in, had knowledge of, or received information about Bush's interrogation program during the so-called war on terror." I'm not going to waste precious pixels responding to...
The AP is reporting that the Trial Chamber lifted the stay "after the prosecution agreed to let judges review confidential material it received from the United Nations." No additional information is available yet; it will be interesting to see what the Chamber does about the documents that are still protected by confidentiality agreements -- an issue I discussed here. UPDATE: According...
In response to Will Fettes’s thoughtful comment: The problem is not with positivism per se but positivism alone. By the 1960s, certainly in the United States there was a view that only positive law theory explained law and positive theory relied on the existence of the usual legal institutions—with their absence on the international plane, positivists could not understand how...
US Navy vessel confronts Somali pirates, 2006. Photo credit Chief Petty Officer Kenneth Anderson, USN, open access DOD (no, not me, but we Ken Andersons really get around). Somali pirates strike again, this time hijacking a Saudi-owned tanker off the coast of Kenya. The running stand off with the hijacked ship carrying arms and a Ukrainian crew continues; Russia announces that...
President-elect Obama’s campaign for the presidency was all about change—change we can believe in. No doubt the readers of Opinio Juris have a long list of topics on which they wish to see change: Guantanamo Bay, CIA interrogation, Iraq, Afghanistan, the Middle East, Congo, Darfur, weapons proliferation, the global environment, the global economy, etc. But even if the new President...
John has kindly agreed to let me post his private response to my previous post about his speech at the Fletcher School. Before I do, though, I want to reiterate how important it is to not let the US's refusal to join the ICC blind us to the many significant contributions the US has made, and continues to make, to...
Even though my recent posts on the "frozen conflicts" have actually been on the not-so-frozen conflict in South Ossetia, we should not forget the ongoing situation in Moldova. In fact, the new issue of The Economist has a short piece reminding its readers of the ongoing Transnistrian separatist dispute. The quick update is this: while not as heated as the...
As most readers likely know, Germany recently arrested Rose Kabuye, the President of Rwanda's chief of protocol, on behalf of France, who intends to prosecute her for being involved in shooting down then-President Juvenal Habayarimana's plane, the event that triggered the Hutu-led 1994 genocide. It appears that Kabuye actually wants to be prosecuted, because it will give her -- and...
