I began in academia after the Iraq war began, and have been puzzled — and at times frustrated — by the lack of student attention to or interest in the war. One could spend weeks on campus at MU and never see evidence that this is a state university in a country at war. (I arrived at school...
I’ve spent the last couple of days in an expert meeting on “the role of states in regulating and adjudicating the activities of corporations with respect to human rights,” hosted by the Danish Ministry of Foreign Affairs and the Danish section of the International Commission of Jurists. The meeting was designed to help inform John Ruggie, the Special Representative...
The Leiden Journal of International Law has asked me to post the following call for papers:Special Issue of the Leiden Journal of International Law (2008) The Risks of International Law Abstracts due 1 December 2007; Complete articles by 1 April 2008 The Leiden Journal of International Law (LJIL) is now soliciting articles for a special issue of the LJIL to be dedicated to...
According to the Blog Readability Test, you need a postgraduate education to understand Opinio Juris. ...
Yesterday I attended a wonderful conference on religious asylum. I was particularly impressed by the work of one of the speakers, Paul Marshall. He offered a tremendously impressive survey of religious oppression throughout the world. The bottom line is religious freedom is strongest in countries with majority Christian, Jewish, and Buddhist populations and the weakest in countries with majority...
ASIL president Jose Alvarez has dedicated his monthly presidential column to the "revolution from below" that is radically transforming the "invisible college" of international lawyers. As Alvarez notes, the term "invisible college" was coined in 1977 by the late Oscar Schachter to describe "the 'professional community' of professors, students, government officials and international civil servants was capable, through 'heterogenenity...
Steve Bainbridge has an interesting post suggesting that Professor Mary Ann Glendon's nomination to the Holy See raises a conflict of interest: Now let’s be clear about something. I am a great admirer of Prof. Glendon. I had to good fortune to meet her back in 2000 and she was delightful. She’s also a brilliant scholar and a very significant public...
It may seem relatively obvious why duties owed by individuals to the state, of the type that were proposed for the Universal Declaration of Human Rights, are problematic: they can be used by states to limit its duties to individuals and thus limit the scope of their human rights. But what about the duties each of us owe to...
Wow! Like Marty Lederman, I really thought this story was from The Onion. But, it now appears that the Acting Head of OLC, Dan Levin, volunteered to undergo waterboarding in an effort to inform his legal opinion as to what qualifies as “torture.” On the one hand, I think this is another useful reminder that many who’ve...
Pakistan watcher Paula Newberg’s early assessment is at Huffpo. Her scorecard: Musharraf 5; rule of law, 0. (Can we expect global reaction to this martial law to be a bit different from the old martial laws in light of YouTube and real-time blogging? Or does the nuclear option cancel out the outrage?) Scott Horton’s take at his...
I recently finished teaching Hartford Fire again. And it got me pondering Justice Scalia’s curious attitudes towards international and foreign law. Scalia’s hostility to the use of foreign legal norms in interpreting the U.S. Constitution is well-established. As far back as Thompson v. Oklahoma in 1988 we see Scalia critique "The plurality's reliance upon Amnesty International's account of...
Many people don’t realize how close the modern law of human rights came to becoming a law of human rights and human duties. The first article of the first draft of the Universal Declaration of Human Rights, prepared by former McGill law professor John Humphrey, first director of the UN Human Rights Division, stated: “Everyone owes a duty to...
