Search: {search_term_string}
26 Feb U.S. v. Microsoft (Microsoft-Ireland): Implications for International Lawmaking
...a cross-border search. It’s not a question of whether the Government needs more tools to investigate transnational crime. And it’s not about whether criminals can evade law enforcement efforts by storing incriminating materials abroad. What the Government seeks could be achieved through the existing MLAT process, through collaboration with Ireland, through new legislation (such as that currently proposed by a bipartisan group of Senators), or through the negotiation of bilateral and multilateral treaties. It’s also not a policy question of what might be a sensible approach if Congress rewrote the...17 Apr Justice Kennedy’s One-Paragraph Concurrence
Would’ve been helpful if he’d said a wee bit more. For now, we’ll have to comb through the majority opinion in search of the questions he has in mind. In the meantime, worth noting the Court was 9-0 in affirming the Second Circuit’s decision to dismiss the ATS complaint in this case. JUSTICE KENNEDY, concurring. The opinion for the Court is careful to leave open a number of significant questions regarding the reach and interpretation of the Alien Tort Statute. In my view that is a proper disposition. Many serious...10 Aug Citizenship and the Olympics: The End of Surrogate Warfare
We don’t insist that our major-league ball players come from the cities that they play for. Why should we demand any more from Olympic athletes? The Beijing Games includes more athletes with tenuous ties to the country whose flag they followed into Friday’s opening ceremonies. There are some who have jumped states in search of better-funded Olympic programs. Others couldn’t make the grade in their home states, and play on eligibility in countries where they can. Russia has been pretty aggressive in recruiting athletes who have no organic connection to...06 May Weekly News Wrap: Tuesday, May 6, 2014
...276 schoolgirls during a raid in the village of Chibok in northeast Nigeria last month, the AFP news agency reported, citing a video it had obtained and has plans to “sell them in the marketplace.” The US fears that some of the girls have been smuggled into neighboring countries already, complicating the search for them. Asia China has asked the WTO’s highest court to review a series of substantive findings in a dispute panel ruling that found Beijing’s restrictions on rare earths exports to be in violation of international trade...10 Jan Why the U.S. State Department Deserves an “F” on their Handling of the Indian Consul Flap
...have been an “arrest” (much less the strip-search). Why couldn’t the U.S. have indicted her without arresting her, or even just demanded her withdrawal without indicting her? That is effectively what has happened anyway, except that we also get a crisis in US-India relations like we haven’t had in decades. I’m putting the blame here almost completely on the U.S. State Department. They (supposedly) had notice that this arrest was going to happen, and they did not take steps to head off a pretty serious diplomatic incident. Dealing with foreign...
10 Aug The Process of Electing the Next ICC Prosecutor Should be Opened Up
...States Parties that contribute the most to the Court’s budget and authority to take responsibility and lead such a process? Asking these questions, with the goal of strengthening and opening up the search for the best candidate, is our duty as informed observers of the ICC. As civil society actors, we have been given a role beyond mere observers. We are players in this election process, with the ability to influence the outcome of what may become the most important international justice election this decade. Let us reflect on that....
12 Aug Remembering Biafra
...population, as defined in international law and Israeli law alike.” A group of Knesset members sought a Security Council meeting and even the creation of an “international relief force to provide urgent assistance to the people of Biafra by air, sea, and land, with or without Nigeria’s consent, (…) and break the siege designed to exterminate the Biafrans.” In the broader Jewish diaspora, the American Jewish Congress’s Commission on international affairs also mobilized and wrote a memo pointing to the question of whether there was genocide occurring in Biafra as...14 Dec Events and Announcements: December 14, 2014
of 14 different themes More than 350 case studies covering past and contemporary armed conflicts More than 20 model IHL courses and pedagogical resources for IHL lecturers More than 300 terms and notions referenced in the online index “A to Z” Full online navigation between theory and practice through internal links and search engine Last week’s events and announcements can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information....
26 Oct International Law and Popular Culture Symposium: Writing Science Fiction
...how we do our research.” It’s an iterative practice that is just as much prospective (“this is how I plan to do the work”) as it is retrospective (“this is how I ended up doing the work”). My focus on style and genre is an acknowledgement of how, again as Pahuja puts it, that writing is a mode of thinking not a transcription of thinking. This is different than the very interesting scholarship or events that takes science fiction seriously and reads it to interrogate the different ways we imagine...26 Mar When Bad Things Happen to Good Scholars (Koh and the ICC Edition)
...state whose national is accused of aggression. With respect to the Chair’s second question, our views are well-known: that investigation or prosecution of the crime of aggression should not take place absent a determination by the UN Security Council that aggression has occurred. The UN Charter confers on the Security Council the responsibility for determining when threats to peace and security, including aggression, have taken place. We are concerned by the confusion that might arise if more than one institution were legally empowered to make such a determination in the...