Author: Kenneth Anderson

No doubt many readers have seen the press articles announcing George Soros' gift of $100 million to Human Rights Watch.  Most interesting to me was that the gift is aimed, in part, at diversifying the organization, staff, and board away from its current US-centric arrangement.  As the AP puts it:

But the money also is meant to make its donor base as international as its outlook. Plans call for Human Rights Watch to draw at least half its income and most of its board members from outside the U.S. within five years. Now, about 70 percent of the money and 80 percent of the board members are U.S.-based.

Soros considers that a liability -- one he blamed on a frequent target of his, former President George W. Bush.

"They're basically an American organization advocating human rights all over the world. But the United States has lost the moral high ground, during the Bush administration, and, therefore, it runs into opposition because there's resentment of American interference," Soros said in an interview in his sleek office in a midtown Manhattan high-rise. " ... It's a drawback, to be American in this context."

HRW agrees, although it already believes it is seen as independent of the US government.

"But it is helpful for our organization to personify the global values we promote," Executive Director Kenneth Roth said.

I wonder if it is quite so easy to personify global values in that way, however.  Multinational corporations, for example, often talk about how global they are, in outlook, in values, in all those ways.  Query whether it actually works that way in MNEs.  The Daimler-Benz model, for example, in which it was supposed to be a merger of equals between the American car company and the German one.  Under a surface veneer of the "global" company, in fact the true owners of the enterprise, Daimler, quickly asserted itself, and for a simple reason - the post-merger was turning into a disaster, and the immediate response was for management to seek to reduce its internal transaction and agency costs by asserting a command and control decisionmaking model that relied upon one side of the enterprise.  That is, a "mixed" culture inside an enterprise is a costly one in terms of many decisionmaking factors, because it invites much more negotiation inside.  

Re the Volokh post to which Kevin refers below. Fear not, I was not trying to withhold content from OJ readers, but it did seem to me that I was days late in arriving at the issue that Ben and Kevin had already been discussing, whereas my VC post went into a lot of other stuff that didn't strike me as relevant to OJ readers.  Although we are pretty eclectic in our tastes here, as my personal drone post shows, I've sometimes had email complaints from readers wondering what the connection to international law is re some post of mine.  Am I wrong about that among our readers?  But anyway, my fundamental motivation in posting it to VC and then linking back to the OJ discussion was blog-strategic - drive some traffic over to OJ from Volokh.  I'm not trying to deprive OJ or its readers of my 'invaluable' thoughts. Very quickly as to substance in one matter of Kevin's response.  Kevin says I'm offering a caricature of Nils' view on territoriality and armed conflict.  Maybe.  But what Kevin calls caricature, I'd say is a reasonable statement in a couple of paragraphs on a blog of the center of Nils', and the ICRC's, views.  That's not a criticism.  There is a lot to be said for the view that armed conflict has geographical limits on it.  The ICRC, if I may summarize, or caricature, as you will, reached this view on the perfectly sensible and understandable grounds of its alarm over the Bush administration's Global War on Terror claims.  I think that the GWOT reached too far - as I have said many places, in my view - once again, a summary or caricature, as you will - what the Bush administration sought was the tail of law wagging the dog of war, the ability to use the law of war anywhere in the world with or without actual hostilities. The ICRC unsurprisingly became alarmed at this, and has - including through Nils' work - moved to a largely geographically based view of armed conflict.  I understand and sympathize with the reasons, in part because I share them and in part because even where I don't share the final conclusion and come to a different view, I do try to start with a sympathetic view to the argument and understand it on its own terms.  The sympathetic read of that argument is that the Bush administration wanted a global war in order to invoke the law of armed conflict anywhere, at any time, but without any connection to actual hostilities.  As I say, I reach a different view - different from the GWOT view or Nils' view, but I think I am starting from a position of seeking to understand it.  And for that matter, one of the reasons I think I understand it as a "large" view in the law of war is that some of the senior ICRC staff deliberately reached out to me for exactly the same reason - they heard what Koh was saying, what I was saying, what different people were saying, and they were admirably trying very hard to understand the positions and how they differed from their own.

The day approaches when everyone will have their own drone.  I think I'd like this a Christmas present.  Behold the Parrot.AR ipod-itouch-ipad controlled drone - available for pre-order at Amazon, coming out later this year. [caption id="attachment_13277" align="alignnone" width="300" caption="The Parrot Drone"][/caption]...

Could anyone point me to a link giving a basic, plain language discussion of the difference between forum and jurisdiction in American law?  Something that I could use with a group of non-US lawyers - clear, not too long, basic distinctions?  Thanks....

Over at Volokh Conspiracy, I have some purely political comments - ie, criticism from a conservative stance - of President Obama's speech last night.  I'm not cross-posting it here because it doesn't really have a link to international law as such, but perhaps some readers might be interested....

John Bellinger reflects on the meaning of the four Geneva Conventions of 1949 in today's world, in a post at Foreign Policy: Today, 12 August, is the 61st anniversary of the signing of the Geneva Conventions of 1949, the international treaties designed to protect soldiers and civilians during armed conflicts.  The treaties became the focus of international attention in 2002 when the...

Via FuturePundit, who observes that this is really much more broadly about lie detection, note this press release from Northwestern University: For the first time, the Northwestern researchers used the P300 testing in a mock terrorism scenario in which the subjects are planning, rather than perpetrating, a crime. The P300 brain waves were measured by electrodes attached to the scalp of...

Adam Serwer has a post up flagging a new suit by the ACLU and the Center for Constitutional Rights (CCR) against the Treasury Department's Office of Foreign Assets Control (OFAC) over funds expended over the question of whether the Obama administration can designate and then target Al-Awlaki as a terrorist hiding out presumably in Yemen.  (Adam tried to contact me to...

Sorry for the light posting of late - the Anderson family is currently in the Sierra Nevada, the eastern side out of Bishop, California, on God's own highway, the Empty Quarter of Highway 395, which runs north-south from southern California all the way up the eastern Sierra and beyond.  It is both the most beautiful and most varied countryside you...

The US Naval War College international law conference, held in June in Newport, Rhode Island, is now online in video format.  It was a terrific discussion, with great panels and discussants, and I counted it as a privilege to be there.  One reason the video for this conference is so interesting, however, is that the audience - and this year...