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17 Oct Treaty Interpretation 101
...for the widespread ignorance regarding the Vienna Convention. His ignorance is a by-product of a prevailing ignorance regarding the international rules of treaty interpretation. Even the Supreme Court inspires little confidence regarding its level of awareness of the Vienna Convention. There is only one Supreme Court majority opinion that even references the Vienna Convention on the Law of Treaties, Weinberger v. Rossi 456 U.S. 25, 29 (1982) (referencing the Vienna Convention to determine what constitutes a treaty under international law). Two other dissents also reference it (Blackmun’s dissent in Sale...27 Jul Gay Marriage and Constitutional Comparativism
...persons in every generation can invoke its principles in their own search for greater freedom.’ In that case, which has obvious significance to the present one, the Court noted that the issue before it called for re-evaluation in the context of ‘an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex.’ In the past two decades, there have been dramatic shifts in public attitudes toward homosexuality…. In addition to Lawrence, many courts as well as legislatures...27 Jun FAOLEX and ECOLEX
...and regulations on food, agriculture and renewable natural resources.” It’s free, has full text search capabilities, and is available in multiple languages (English, Spanish, French and Arabic). I expect those who work on comparative environmental or natural resources law issues would find this a very useful resource. For those looking for a general international environmental law equivalent to FAOLEX, check out ECOLEX, a database combining the on-line collections of FAO, UNEP, and IUCN (the World Conservation Union). It includes treaties, national legislation, literature, and court opinions relating to environmental issues....24 Apr Alter Book Symposium: Comment by Jacob Katz Cogan
...propelled by conjunctural events and shifting legal practice” (160). Like many social scientists, Professor Alter’s “history” is a search for principles or factors that explain why and when certain phenomena occur. By looking at a series of events over time (such as the establishment of global and regional tribunals), we can, inductively, extrapolate common causes or facilitating trends. Once we know the conditions under which certain events have occurred, we can predict when and how they might be recreated in the future. Actors in the international arena, equipped with this...30 Nov Why Can’t US Courts Understand IHL?
While researching an essay on the use of analogy in IHL, I had the misfortune of reading Al Warafi v. Obama, a recent habeas case involving an alleged member of the Taliban. Al Warafi argued that even if he was a member of the Taliban — which he denied — he was entitled to be treated in detention as permanent medical personnel under Article 24 of the First Geneva Convention (GC I), which provides that “[m]edical personnel exclusively engaged in the search for, or the collection, transport or treatment of...31 Oct Chevron and the Rise of Arbitral Power: A Comment by Muthucumaraswamy Sornarajah
...uniform, embarked on a course of review of domestic decisions. Golhaber describes these processes with competence. As he points out, while purporting not to act as appellate courts, this is precisely what the tribunals were doing. Instead of carefully nurturing a system committed to their care, the arbitral tribunals and lawyers in their greedy search for personal profit, are unconsciously ringing the death knell of the system. The scholarly projects that support them are equally tenuous. The multilateralization of investment norms, the promotion of the “rule of law” that is...
06 Aug Complementarity, Catalysts, Compliance Symposium: Why Catalysis is the Wrong Metaphor
...in a particular place. Further, in a series of recent resolutions, the SJP has accredited the territories of indigenous and rural Black peoples as victims of Colombia’s 50-year civil war. It has drawn on indigenous concepts, or cosmovisiones, to transform these territories into rights-bearing legal subjects within the peace process. The SJP, in other words, is re-inventing some of the ways in which post-conflict institutions approach the search for legal responsibility and reparation. In so doing, it is working in conversation with a rich constitutional tradition that embraces environmental protection...
29 Aug Automatizing Patterns of Conduct: Can Artificial Intelligence Help Commanders Better Comply with the Principle of Distinction?
[ Andrea Farrés is a young international lawyer specialized in IHL, international security and human rights issues. ] With the fog of war getting thicker and thicker, commanders and politicians are naturally inclined to search for tools to get guidance on how they can better comply with the international humanitarian law (IHL) targeting principles, specifically the principle of distinction. To distinguish a civilian from a combatant, or a person who is taking direct part in the hostilities, analysing patterns of conduct has become crucial, as like the article 44(3) of...15 Feb ICC Pre-Trial Chamber Criticizes Prosecutor
...ICC’s investigation of the Kenyan situation, but Moreno-Ocampo clearly should have waited to release the six names until the Pre-Trial Chamber granted the summons request. After all, the Article 58 standard for issuing a summons is extremely low, requiring only “reasonable grounds to believe that the person committed the crime alleged.” It is thus difficult to avoid the conclusion that naming the suspects was a purely political move on Moreno-Ocampo’s part. In related news, the ICC has convened a search committee for Moreno-Ocampo’s successor. His term expires in June, 2012....30 Aug Why Do Treaties Create Private Rights of Action?
...even though the treaty was self-executing, and thus part of the supreme Law of the land, its provisions failed to overcome a standing presumption against private rights of action: To determine whether a treaty creates a cause of action, we look to its text. S ee United States v. Alvarez-Machain , 504 U.S. 655, 663 (1992) (“In construing a treaty, as in construing a statute, we first look to its terms to determine its meaning.”). The Treaty of Amity, like other treaties of its kind, is self-executing. See Medellín v....