Julian, Breyer and Scalia don't appear to disagree about international or comparative law per se, but about the appropriate role of judges and their use of any non-binding sources of law or information when trying to resolve cases. (In fact, Scalia has stated clearly that he sees it as important and appropriate to use foreign and international court opinions in interpreting...
As Chris noted, Justice Breyer and Scalia engaged in an unusual public "conversation" about the use of foreign law in constitutional interpretation last Thursday. The transcript has been posted here (via how appealing ). This exchange has already been the subject of numerous posts in the blogosphere here and here. I don't have much more to add...
John Yoo, a law professor at the University of California at Berkeley, has become somewhat well known recently for his role in shaping the Bush Administration's legal approach to the war on terrorism, and in particular, the effect of treaties and statutes prohibiting torture on U.S. government policy in Guantanamo Bay and Afghanistan. But prior to his recent fifteen minutes...
One of the things I think we can provide to blog readers is an insight into what international law academics are thinking and writing about. And not just what the three of us are thinking about (as valuable of course as that may be). Peggy has already gotten us started with her post about Peter Spiro's recent work. In the...
Chris, Julian -- It looks like we are not immune from the general tendency of commentators to talk past each other on the question of UN reform and the value of international law and institutions to US interests. Let me try to unpack what we mean by accountability by refining what Chris referred to as the "ends/means" debate. Implicit in my discussion...
Julian's reply is informative but I think he is overstating my point and actually misses the core of my argument. In the end, I think we mean different things when we use the term "accountability." He writes that I "concede there are all sorts of problems with international institutions, but then suggests that the United States doesn't really have all that...
I am enjoying this discussion, not the least because it reveals some of the fundamentally different views of the law, and perhaps the world between Chris and myself. Chris makes a move that I've seen many international lawyers make. He concedes there are all sorts of problems with international institutions, but then suggests that the United States doesn't really...
I want to weave together a few separate strands from earlier postings, particularly the question of UN accountability, skepticism towards multilateralism, and the rule of law. Julian is concerned about a double standard in which some commentators apply more lenient criteria to UN bad acts than to the U.S. I think we’re all in agreement that the UN needs...
My next post will concern some issues of accountability and the rule of law, but I wanted to point out to anyone who may be interested that Cambridge University Press has just published a book entitled On the Rule of Law: History, Politics, Theory by my colleague here at St. John's Law, Brian Tamanaha. Many lawyers, especially legal...
A quick note for anyone interested: a student has e-mailed me that this Thursday at 4:00 pm Eastern, C-Span will be airing a discussion with Supreme Court Justices Antonin Scalia and Stephen Breyer on “Whether Foreign Court Decisions Should Impact American Constitutional Law.” ...
On a tangentially related topic, President Bush announced today that he is nominating Judge Michael Chertoff to be the new Homeland Security chief. I don't know all that much about Judge Chertoff, except that he is well-respected in conservative circles. Interestingly, he has penned what I think is a very convincing critique of the International Criminal Court based on the...
Just a quick note, because I think Chris' thoughtful response also illustrates part of the problem I was trying to get at in my first post. That is to say, do defenders of the UN engage in kneejerk defenses of the UN simply because their commitment to the UN's causes (e.g. world peace or, if you like, multilateral politics)...
