Julian’s remark that Australia withdrawing from the compulsory jurisdiction of the ICJ is an example that the U.S. is not the only state that acts in a self-interested manner begs the question that is really interesting: why do states that act out of self-interest still choose to comply with the decisions of international tribunals at all? Theories of compliance can fill...
Australian television viewers watching Alicia Molik defeat Venus Williams on at the Australian Open were probably caught by surprise by TV commercials denouncing Australia's government, among other things, withdrawing from the compulsory jurisdiction of the ICJ. Australia withdrew from its acceptance of compulsory jurisdiction in 2002 to avoid allowing East Timor to start litigation in the ICJ over undersea oil...
For those of you who are interested in doing primary source research in international law, a great (relatively) new online resource is the Electronic Information System in International Law or "EISIL". A project of the American Society of International Law, EISIL acts as a central clearinghouse of key treaties across a broad spectrum of topics in public and private...
Larry Helfer and Allison Danner are hosting an International Law Roundtable this weekend, January 28-29, at Vanderbilt Law School in Nashville. Here's the schedule: Friday January 28, 2005 8:30-9:40 am ...
Julian noted Jack Goldsmith's op ed in yesterday's Washington Post arguing that the US should support a Security Council referral of the Darfur genocide to the ICC, a position which Human Rights Watch and others support. I admire Goldsmith's attempt to bridge the gap between the ICC supporters and opponents, but I have a slightly different take on what US...
Criticism of the humanitarian response to the tsunami in South Asia has shifted from early accusations of inadequate relief flows to concerns that donor nations, rebel groups, and affected governments are playing politics with relief efforts. Reports that the US is (and arguments that it should be) using its relief effort to prosecute the war on terror can be found...
In the department of self-promotion, I thought I would note that John Yoo and I have posted our forthcoming article from the Supreme Court Review entitled, "Beyond Formalism in Foreign Affairs: A Functional Approach to the Alien Tort Statute". In this article, John and I consider the U.S. Supreme Court's recent decision interpreting the ATS to permit federal courts to...
We plan to publicize important academic colloquia on international law as we learn about them. To get us started, I am including a link to the Northwestern Law School's International Law Colloquium for Spring 2005. Thanks to Ken Abbot and John McGinnis for the information. A permanent list of upcoming symposia and events will be added to the right side...
Mirror of Justice has an interesting post on an essay in the Human Rights Watch's 2005 World Report on the "growing conflicts between religious communities and the human rights movement." The HRW essay on religion and human rights can be found here. Following is an excerpt (footnotes omitted) from the Preface of the Human Rights Watch essay entitled "Religion and the...
Another blog you might want to check out is The TransAtlantic Assembly, a blog hosted by U.S. and European lawyers and academics on issues of international law, transnational law, and EU law. Recent posts have considered EU enlargement, the torture memos in the U.S., and a dispute over public and private morality and EU regulation. Highly recommended. ...
I rashly promised to blog more about the WTO's recent report by a panel of "wise men" recommending reforms for the trade organization before I realized just how long blogging that whole report would take. Let me instead point you to this typically incisive summary ($) by The Economist and this op-ed by one of the "wise men", superstar economist...
Harvard law prof and former Bush Administration chief of the Office of Legal Counsel Jack Goldsmith has a clever op-ed in the Washington Post today recommending that the U.S. support a Security Council referral of the Darfur atrocities to the ICC. Why clever? Because, as Goldsmith explains, the U.S. can support a referral to the ICC here because it...
