I noted a couple of weeks ago that the Iraqi High Tribunal's failure to release the written verdict at the same time that it announced Saddam's conviction was strong evidence that, despite my earlier skepticism, the announcement was timed to influence the U.S. elections. Well, the written verdict still has not been publicly released — making the inference of...
In my last post, I used Medellin as a lens to examine the role that judicial decisions play in charting the course of international law, suggesting that Vienna Convention rights may now be enshrined in ways that are impervious to any particular judicial decision. My point was not that the judiciary is insignificant – my point was simply that...
The logical conclusion of Chertoff, Gonzales, et al.'s reactionary hostility to international law?This is where we've arrived in this country: You have the constitutional right to burn an American flag, but you can get into trouble for simply flying a foreign one. At least you can in the 30,000-person town of Pahrump, Nevada, which is close to Las Vegas and even...
To further the discussion regarding Michael Chertoff's provocative speech last week, I wanted to identify one area where a strong argument could be made for the need for greater diversity of viewpoint on developing international norms. Consider the issue of the precautionary principle. There are numerous avenues to pursue this question, and there are fundamental principles at stake...
There is almost nothing in the media or the blogosphere about this story, but reportedly Homeland Security Secretary Michael Chertoff spoke at the Federalist Society this week and was sharply critical of current trends in international law. Reuters reports that Chertoff said that "International law is being used as a rhetorical weapon against us" and that "What we see...
I don't like John McCain, and I never fail to be amused by the media's willingness to portray him as a moderate. Still, compared to Sen. James Inhofe (R-OK) -- who yesterday described a UN session on climate change as "brainwashing" -- McCain's willingness to criticize the Bush administration for stonewalling Congress about the reality of global warming is...
The member-states of the UN elected the membership of the International Law Commission yesterday. For the first time since the founding of the ILC in 1947, the United States does not have a national sitting on the Commission. This is bad for U.S. diplomacy and it may be indicative of the shifting sands of power at the UN. The...
Here's video of State Department Legal Adviser John Bellinger's talk earlier this week inaugurating Duke's international law center. It's a broadly sweeping effort to justify the Bush Administration's posture to international law as one that isn't antagonistic. A primary theme: most of our differences with the Europeans in particular are policy differences, not legal ones. One thing...
Yesterday the U.S. Senate overwhelmingly approved a deal to provide U.S. cooperation with India in the development of a civilian nuclear program (the vote was 85-12). The House approved similar legislation earlier this year by fairly huge margins as well so final passage is likely relatively soon. I have two observations. First, this deal no doubt reflects the importance...
I would like to embellish a bit upon yesterday’s post in light of Texas’ Medellin decision. In terms of the integrity and viability of consular notification rights – in terms of enforcement of Article 36 of the Vienna Convention, to what extent does it matter what the Texas court decides in Medellin (or what the Supreme Court has decided...
"Underlying most arguments against the free market is a lack of belief in freedom itself." That's the tenor of one of the greatest free market thinkers, Milton Friedman. He died today at 94. Here is a taste of his views on free trade, with a cameo appearance from a young Donald Rumsfeld. You can watch more...
The Harvard Law Review's Supreme Court review is now available. The Foreward by Frederick Schauer does not appear particularly relevant to our field of interest, although he does discuss a number of international law issues relating to terrorism and the war in Iraq as part of his theory that the judiciary has a limited role in addressing pressing issues...
