The United States is frequently described as an international outlier on human rights. Numerous books and articles have been written bemoaning American exceptionalism. But is it true? I have been thinking a fair bit about comparative law recently and it strikes me that the only valid way to describe the United States as a constitutional outlier is...
Not quite as crazy as it sounds. More Americans are living abroad (estimates run as high as five million), and they are more politically active. As reported on this NPR segment, Rudolph Giuliani held a fundraiser yesterday in London — apparently the first time that a presidential candidate has held such an event outside the United States. ...
I have posted a (long) review of Mark Drumbl's new book Atrocity, Punishment, and International Law on SSRN. The review essay is forthcoming in the Michigan Law Review's annual book-review issue. Here is the abstract:In "Atrocity, Punishment, and International Law" (Cambridge University Press, 2007), Mark Drumbl provides an important and compelling critique of international criminal law's ability to...
In April, I ranted about the molasses-like slowness with which SSRN approves new or revised essays. I was assured by an SSRN executive kind enough to reply that the system was going to be improved in the near future — 24 hours for revisions, at most a couple of days for new essays. Five months have passed, long enough to...
Here’s a striking takeaway from Jack Goldsmith’s book: Bush Administration officials now fear international law, as in: they really worry about being hauled before the dock in foreign and international tribunals. Who knew? Of course they’re more worried about facing prosecution in federal courts, and the hefty legal expenses that would come even with exoneration. That was...
Last week, Julian claimed that the ICC and peace in Darfur don't mix, citing a recent article from the Institute for War and Peace Reporting (a wonderful organization) that noted the Secretary-General of the UN, Ban Ki Moon, did not mention the ICC's arrest warrants for Ahmed Haroun and Ali Kushayb during his first visit to the the region. It's true...
Excellent news for the Cambodia tribunal — Nuon Chea, the highest-ranking surviving member of the Khmer Rouge regime, has been arrested:An AFP correspondent saw Nuon Chea being driven from his home in northwest Cambodia and put on a helicopter. He was expected to be flown to the capital Phnom Penh. "Nuon Chea has been shown a warrant but I don't know what...
A disgruntled Belgian subject has decided to put up the Kingdom of Belgium for sale on Ebay. But watch out. It comes with a $300 billion debt. ...
What can I say, this is a terrific book. The Terror Presidency artfully weaves a personal narrative with some serious historical perspectives; it succeeds at being thoughtful, modest, and human; and the result is pretty compelling. The book is something of a perfect storm as a critique of the Bush Administration’s post-9/11 policies. Unlike run-of-the-mill tell-alls, Goldsmith...
Many scholars, activists, and government officials have hailed Security Council resolution 1769, which authorizes sending 26,000 peacekeepers to Darfur, as a major step toward peace in the region. At least one authoritative source, however, is skeptical of the mission's potential: Romeo Dallaire, the former commander of the UN's peacekeeping force in Rwanda. Here are some excerpts from an...
One of the more difficult issues about universal norms is that they frequently collide. How is a country to respond when it must choose between two norms, both of which are said to be universal and yet they are incompatible with one another? To illustrate, the Universal Declaration of Human Rights enumerates universal norms and boldly states that “every...
China announced today it has requested consultations with the United States over the imposition of U.S. duties on certain Chinese paper products. This is WTO-speak for: "We're filing a lawsuit". This marks the first time China has ever used the WTO dispute settlement procedures on its own (it joined in Europe's suit against the U.S. steel tariffs). ...
