Two weeks ago I had the good fortune to moderate a panel at the International Law Weekend that included Judge Brett Kavanaugh of the D.C. Circuit. I thought his comments deserved wider dissemination. The focus of the panel was a review of the influence and relevance of the legal academy. It included great speakers such as Martin Flaherty of...
I have been reading a fair bit lately by and about Albert Schweitzer for a writing project. One of the interesting segments of his life was his active role in the 1950s as an international norm entrepreneur hoping to change world opinion about nuclear testing. In many respects the public campaign to ban nuclear testing is quite similar...
Justice Ginsburg recently gave an interesting speech on the topic of the role of dissenting opinions. In the speech, she briefly compared the differences between common law and civil law traditions in the drafting of decisions that I think deserves some discussion: Our practice of revealing dissents, it bears emphasis, is hardly universal. In the civil law tradition that holds...
Last weekend I had the great privilege to meet Nobel Peace Prize Laureate Muhammad Yunus. His speech (which you can watch here) was one of the most inspirational messages I have heard in years. He received several standing ovations and many in the audience were moved to tears. I brought my children to the speech and explained...
Just in case our readers missed it, the Second Circuit in Khulumani v. Barclay National Bank rendered an extremely important award earlier this month on the subject of corporate aiding-and-abetting liability under the ATS. The decision, which involved alleged corporate assistance to the South African government during apartheid, is quite complicated and fractured. But the key part of...
The European Council on Foreign Relations has just published a fascinating world survey and global "love/hate map." The "love map" and the "hate map" are especially fascinating because they identify which countries receive the highest approval and disapproval ratings in 52 countries. The survey results revealed the following: The largest survey of public opinion in the world shows...
Last month the Seventh Circuit, per Judge Posner, rendered an especially ill-informed and badly written decision upholding a Illinois statute that banned the export or import of horsemeat for human consumption. In the case of Cavel International v. Madigan, the Seventh Circuit ruled that there was only incidental discrimination to foreign commerce and there was a rational basis to...
Mark’s excellent article provides a thoughtful analysis of Sanchez-Llamas and the significance of that case for the question of deference to decisions of international tribunals. There is much to commend about this article. I particularly like his analysis of the risks and rewards of the dualist approach and his forceful argument that dualism strikes the appropriate balance of...
Opinio Juris is pleased to announce that it has established an informal partnership with the Virginia Journal of International Law to promote VJIL scholarship on Opinio Juris. This week we will highlight the three articles just published by VJIL in Volume 48, available here. The authors of those articles, Shi-Ling Hsu & Austen Parrish, Mark Movsesian, and Christiana...
Yesterday's announcement that Al Gore and the U.N.’s Intergovernmental Panel on Climate Change have won the Nobel Peace Prize came as a surprise to many. Just reading the comments over at the Volokh Conspiracy gives one a flavor of some of the skepticism. For those who do not follow these things closely, it is fair to ask, "What...
I read with great interest the transcript of the oral argument in Medellin yesterday. From my perspective Justice Breyer had the best grasp of the potential impact of this case on international adjudication. Several times Justice Breyer asked about whether the rule we apply in this case will also adversely affect our recognition of decisions of other international...
If you plan to be in southern California on Saturday, October 20, 2007, you should consider coming to my home institution, Pepperdine Law School, to hear 2006 Nobel Peace Prize Laureate Muhammad Yunus speak about microfinancing. Everyone is welcome although space is limited and pre-registration is required. In order to register online, or learn more details about the...
