In association with the International Commission of Jurists

The Customary International Law of Jurisdiction in the Restatement (Fourth) of Foreign Relations Law

08 Mar

[William S. Dodge is Martin Luther King, Jr. Professor of Law at the UC Davis School of Law. He currently serves as a co-reporter for the Restatement (Fourth) of Foreign Relations Law.] In a recent post, Dean Austen Parrish took issue with some statements about the customary international law governing jurisdiction in the Restatement (Fourth) of Foreign Relations Law. The occasion...

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05 Mar

[Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. This post is a response to the recent Trump Administration and International Law Symposium hosted on Opinio Juris.] Can international law save itself from Donald Trump? Since Election Night 2016, that question has haunted me across many issue areas. Professor Craig Martin and the Washburn Law Journal editors generously invited me...

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05 Mar

[David Hughes is a Grotius Research Scholar at the University of Michigan, Law School and a PhD Candidate at Osgoode Hall Law School in Toronto.] On 6 December, President Trump signed a Proclamation recognizing Jerusalem as Israel’s capital and ordering the relocation of the American Embassy from Tel Aviv. The announcement reflects the long-standing will of Congress. It is consistent with...

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02 Mar

[Róisín Pillay is Director of the International Commission of Jurists (ICJ) Europe Programme.]  The European Court of Human Rights is once more facing a political challenge to its role, in proposals for a new political declaration put forward by the Danish Presidency of the Council of Europe.  That the Court’s extraordinary success in advancing human rights protection in Europe provokes the dissent...

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27 Feb

[Tim Fish Hodgson is a Legal Adviser for the International Commission of Jurists in Johannesburg, South Africa.] A Kenyan Court of Appeal decision handed down last week has, once again, reaffirmed the Kenyan government’s international obligation to arrest Sudanese President Omar al-Bashir should he ever return to Kenya. The Court concluded “the Government of Kenya by inviting al Bashir to Kenya...

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27 Feb

[Gabor Rona is a Visiting Professor of Law at Cardozo Law School.] Just when we thought the Guantanamo Military Commissions could not get any more dysfunctional, this happened: defense lawyers quit the proceedings in the U.S.S. Cole bombing case. Their boss, Marine Brigadier General John Baker supported the move, and for his trouble, was held in contempt, ordered to pay a...

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22 Feb

[Kevin Jon Heller is a Professor of Law at the University of Amsterdam. This is the second part of a two-part post. The first part can be found here.] Humanitarian Intervention The first part of this post outlined my retrospective problem with Harold’s article. My prospective problem concerns his passionate call for the legal recognition of unilateral humanitarian intervention (UHI) – intervention...

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21 Feb

[Kevin Jon Heller is a Professor of Law at the University of Amsterdam. This is the first part of a two-part post. The second part is found here.] Introduction It is an honour to be invited to respond to the article version of Harold Koh’s recent Foulston Siefkin Lecture at Washburn Law School, “The Trump Administration and International Law.” I am a...

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21 Feb

[Laura Dickinson is the Oswald Symister Colclough Research Professor of Law at George Washington University Law School.] In International Law in the Trump Administration, Harold Hongju Koh has articulated a bold vision of the role that international law can play (and to some extent is playing) during the current administration. Unlike some critics, he does not argue that the administration is...

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