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18 Mar Oral Argument in Heller and the English Roots of the Second Amendment
...JUSTICE STEVENS: And it was suitable to their conditions then as allowed by law, so it was — it was a group right and much more limited. MR. DELLINGER: I think that is — that’s correct. JUSTICE SCALIA: And as I recall the legislation against Scottish highlanders and against -against Roman Catholics did use the term — forbade them to keep and bear arms, and they weren’t just talking about their joining militias; they were talking about whether they could have arms. (pp. 16-18) *** JUSTICE KENNEDY: You think Madison...02 Dec Milanovic on Extraterritorial Application of Human Rights Treaties: Judicial Interpretation and the Future of IHR Regulation
...a developed and evolving jurisprudence of textual interpretation through the court in Strasbourg. Is that a good thing or a bad thing? On the one hand, Marko disagrees with much of the ECtHR’s jurisprudence on extraterritorialty in quite strong terms; indeed, he spends a good part of the book dismantling the Bankovic opinion. On the other, he feels quite comfortable that the scope of extraterritoriality of the ECHR and other IHR instruments are proper subjects for the kind of judicial teleological interpretation of treaties that he espouses and he sees,...27 Oct The Washington Post’s Three Article Series on “The Permanent War”
...is meaningfully to talk about institutional settlement within the US political community. A second Obama term would presumably consolidate the general approach seen to date – and presumably seeking, as part of the process of institutionalization, to offer principles of both “permission” and “limitation,” for itself and for successors. A Romney administration might move to change the direction of some of these activities and their processes, as well as the legal rationales offered for them – but once in office, there are reasons to think it would embrace continuity. A...
31 Aug Critical Pedagogy Symposium: Critical Thinking and Teaching as Common Sense—Random Reflections
critical approaches—in focusing on Eurocentrism, acknowledges and then proceeds to explore that dissonance in its study of the discipline, instead of just pretending it does not exist. Critical international law is simply common sense. Revealing and Contesting Eurocentrism There are a few approaches to addressing what is now recognized as the inescapable issue of Eurocentrism. One consists of what might be termed ‘ornamentalism’ (I borrow the term as used in this context from my friend and colleague Mohammad Shahabuddin), the inclusion in a textbook—and this is becoming something of a...29 Sep The Fallacy of Sequencing Peace and Justice
A few weeks ago I spoke with a senior transitional justice researcher and aspiring politician from northern Uganda about the trials (if you excuse the pun) and tribulations of achieving peace and justice in the region. He described sentiments familiar to those who have engaged in the “peace versus justice” debate: “I don’t see it as a debate. It is common sense that in situations of what we have been experiencing, strategically we should be sequencing these issues, prioritizing and looking at what is best in the short-term and what...
30 Apr Apartheid and Persecution: The Forgotten Crimes Against Humanity
...is a lack of judicial interpretations of key terms like ‘domination’ for apartheid. Until criminal investigators, prosecutors, lawyers and courts are comfortable with the definitions of the crimes, prosecutions are not likely to happen. It has become a vicious circle – no court rulings on the crimes means no judicial guidance, which deters any criminal investigations, which leads to a continuing lack of court rulings. But we’ve found in our research that it is possible to apply the definitions of both crimes and to determine whether the crimes are taking...
12 Sep Contemporary International Criminal Law After Critique Symposium: Indigenous Peoples’ Rights in Brazil – Between the Limits of Legal Frames and the Perils of Negotiation in a Context of Historical Discrimination
...risk that, as seen in the communication to the OTP, Indigenous Peoples will bear the burden of making themselves understood in terms that resonate with non-Indigenous interlocutors in this negotiation process. To the extent that this is done at the expense of expressing their ideas – such as viewing their territories as integral to their identity, spirituality, and cultural continuity – the integrity of the proposed negotiation process itself will come into question. For example, even the choice between using the term “land” or “territory” in negotiations could jeopardize the...