The General Assembly and Security Council have just announced the election of two current and three new members of the International Court of Justice. Here is the key excerpt of the press release: The General Assembly and the Security Council of the United Nations yesterday elected five Members of the International Court of Justice (ICJ) for a term of office...
Great speech. Amazing day. Whether or not you supported Barack Obama, one cannot deny the achievement America made last night. Martin Luther King has always been one of my heroes and I cannot help but wonder what he would have said had he lived to see this day. If there are tears of joy to shed...
Article XX(a) of the GATT allows countries to violate WTO rules if doing so is “necessary to protect public morals.” The “public morals” exception is notoriously elusive, with only one WTO case—the US-Gambling Services case—clarifying the scope of the exception. So in a real sense we don’t really know when “public morals” can or cannot be invoked. ...
One of the most important Alien Tort Statute cases has begun in California that will test the scope of corporate liability under international law. The facts are hotly disputed but either version is truly bizarre. Over 100 Nigerians seize a Chevron oil platform on May 25, 1998. Plaintiffs argue that it was a peaceful nonviolent act of...
I appreciate the remarks of Ken, Greg, and Anne. Just a few quick thoughts by way of response. First, I like the way Greg and Anne describe the teleology of the Nobel Peace Prize. I think that is an accurate way to put it. There are undeniable themes that wax and wane in the history of...
Everyone knows about the Nobel Peace Prize, but virtually no one studies it. We all assume that Nobel Laureates are influential, but seldom do we try to gauge that influence. My article does both, arguing that Nobel Peace Prize Laureates have been influential norm entrepreneurs who have dramatically shaped the face of modern international law. The foundation...
This weekend the Nobel Peace Prize was awarded to Martti Ahtisaari for his role as an international mediator assisting in the resolution of international conflicts. The press release emphasized that throughout Ahtisaari's life he has worked for peace and reconciliation, with particular emphasis on his work in Namibia, Indonesia, Kosovo, and Iraq. Compared to last year's prize to...
I have spent a fair bit of time the past couple days reviewing the Supreme Court's docket for the upcoming term with an eye for any cases that might be of particular interest to our readers. Here is my list of the most important cases that are germane to our discipline. The big issues are (1) senior government...
Thou shalt not incite public curiosity. It is perhaps the most curious of international obligations. But there it is, expressly required in the Geneva Conventions: prisoners of war "shall be protected ...
The Seventh Circuit in Osagiede v. United States earlier this month ruled that an attorney's failure to provide information as to the client's Vienna Convention rights may constitute ineffective assistance of counsel. Effective performance by counsel representing a foreign national in a criminal proceeding is reasonable performance “under prevailing professional norms.” ...
This past month I received an email sent to over 60 law professors inviting us to join an amicus brief. The case is before the D.C. Circuit and involves the important issue of corporate responsibility for human rights violations under international law. The email was sent at approximately midnight on a Monday night and invited a distinguished group...
I had the pleasure this past Friday to moderate a conference at Pepperdine on social entrepreneurship that featured Matt Flannery, co-founder of Kiva, one of the leading microfinance organizations on the Internet. There is so much I could say about Kiva and Flannery's remarks, but let me just highlight a few points that were raised by his discussion. First, the...
