Author: Peter Spiro

In the flower of his conversion, McNamara ended up supporting US participation in the ICC: I believe that the human race desperately needs an agreed-upon system of jurisprudence that tells us what conduct by political and military leaders is right and what is wrong, both in conflict within nations and in conflict across national borders. We need a clear code, internationally accepted,...

As happens every July 5th, tomorrow’s newspapers will carry reports of attractively diverse groups of immigrants naturalizing as U.S. citizens in uplifting ceremonies, flags waving, with predictable but heartfelt welcomes from judges and elected officials. This Independence Day ritual is perhaps the only public relations play of the federal government’s immigration agencies that seems to work. It bears out all...

Iraqis are wondering if their legislators should be permitted to hold dual citizenship (see here).  Current law permits multiple nationality but not among those holding "senior positions" in the government.  Some want to clarify the bar to include parliamentarians.  There's apparently some concern that dual citizenship gives corrupt officials an escape hatch, as in, they have someplace to flee when...

Advisory committees are usually makeweight undertakings, supplying a crumbs-from-the-table kind of federal patronage. Not much work required of committee members to correspond with the associated level of prestige and compensation. For insiders, it must usually be a minor sort of bother. Brief outside "experts" on latest developments, make them feel in the loop, go back to work;...

There's an important roundtable in the May/June issue of Boston Review on the subject.  (Who else finds Boston Review to be more interesting than the New York Review of Books these days?)  It includes a lead-off piece making the case by University of Toronto political theorist Joseph Carens, with responses from Alex Aleinikoff, Linda Bosniak, Gerry Neuman, Peter Schuck, and...

That's today, in Australia. It's meant as a sort of continuing apology to Aboriginal peoples in Australia specifically for the practice, lasting up until about 1970, of taking Aboriginal children from their families (known as the "stolen Generations"), but also for the general mistreatment. It's not a holiday but appears to be an official commemoration. My question: could Americans...

Now that she has the Jeff Rosen seal of approval, the safe money is on Diane Wood to fill David Souter's seat on the Supreme Court. Most of us IL types will know that Judge Wood has some strong interests in the area (she has been on the board of editors of the AJIL), but in my case at least it's...

Details here.  Assuming that we're talking foot soldiers, this seems a pretty thin argument for keeping the rest under wraps, even through a cost-benefit/national interests optic.  The equation: How much does keeping Gitmo up and running hurt US interests v. how much damage can released detainees cause if they return to the battlefield.  I'm betting that for all but the very few high-level detainees,...

Interesting interview at CFR.org on public diplomacy and the use of social networking with Elliot Schrage, formerly of Google, now of Facebook (and author of a perceptive 2004 study on workplace codes of conduct).  No surpise, the State Department has a Facebook page.  Schrage has this to say about how governments should put these tools to work: The challenge is, how do...

There's no legal obstacle to appointing a dual citizen to the Supreme Court.  In fact, in contrast to qualifications for Congress and the Presidency, the Constitution sets no citizenship requirements of any kind for justices of the Supreme Court. Now it's unlikely in the extreme that Obama will appoint a foreigner to the Court, although it would be an interesting little parlor game...

Steve Charnovitz has this interesting post at the IELP Blog about a joint statement on the swine A(H1N1) flu virus issued by the FAO, WHO, WTO, and OIE (extra credit to those of you already on to the last one: the World Organization for Animal Health).  Steve quite plausibly challenges the WTO's authority to make this kind of pronouncement as...

The conventional wisdom is probably correct here, that David Souter's retirement won't make much of a difference to the Court's overall balance.  But no two Justices are alike.  There will be inevitable differences in style and approach, and on the less prominent questions, the ones mostly off the radar screen, that can lead to different votes.  I don't know much...