Human Rights Watch's Tom Malinowski and Ben Wittes -- whom, for the record, I consider a friend -- have been having an interesting and useful dialogue about targeted killing. Here is how Malinowski lays out HRW's position: Our position on targeted killing is that its use can be legally justified so long as it is limited to situations involving a...
Last week I had the privilege to attend an investment arbitration conference and FDI moot court competition at Pepperdine. Kudos to Murdoch University of Australia for winning the competition and my alma mater NYU for winning the highest overall ranking. There was much to ponder in the conference from the likes of Andrea Bjorkland, Todd Weiler, Anna Joubin-Bret...
[Anne-Marie Slaughter is the Director, Secretary’s Policy Planning Office, U.S. Department of State; Former Dean and (on leave) Professor, Princeton University, Woodrow Wilson School for Public and International Affairs. Catherine Powell is Staff Member, Secretary’s Policy Planning Office, U.S. Department of State; (on leave) Professor, Fordham Law School; Former Clinical Professor and Founding Director, Human Rights Institute, Columbia Law School.] With...
When asked the secret of his success, ice hockey great Wayne Gretzky is said to have responded “I skate where I think the puck will be”. This gets trotted out in a number of management texts as exemplifying the “planning school” of strategy. You can see how it might be applied to book publishers – I ponder what will be...
In this second post I will focus on the production of international law scholarship and what opportunities and frustrations are presented by online communications. To try and get a better understanding of the impact of the internet on legal scholarship we set off earlier this year on a programme of depth interviews, which were then transcribed, in which we asked...
On behalf of all of us at Opinio Juris, I am delighted to announce that John Louth of Oxford University Press will be blogging with us this week. John joined OUP in 1997 and is now Editor-in-Chief of Academic Law, covering books, journals, and online services. He graduated from Cambridge with an undergraduate degree in law and philosophy and with...
Jack Goldsmith has responded to my post about the D.C. Circuit's rejection of co-belligerency in Al-Bihani. It's an interesting response, worth a few additional thoughts. To begin with, it is important to note that Goldsmith does not respond to the substance of the panel's criticism of the idea that state-centered notions of co-belligerency can be applied to non-state actors in NIAC....
In Part One of this series, I discussed how to decide whether to write a book and offered some thoughts about book contracts. In this post, I want to discuss the calling card that every potential book author needs to obtain a contract -- a good proposal. Bill Schabas can submit a one sentence proposal that says "I want to...
In its motion to dismiss the ACLU/CCR targeted-killing lawsuit, the government claims (p.5) that Al-Aulaqi can be lawfully targeted because Al Qaeda in the Arabian Peninsula is "an organized armed group that is either part of al-Qaeda, or is an associated force, or cobelligerent, of al-Qaeda that has directed armed attacks against the United States in the noninternational armed conflict...
[Harold Hongju Koh is the Legal Adviser, United States Department of State; previously he was Martin R. Flug ’55 Professor of International Law and Dean, Yale Law School (2004-09), as well as U.S. Assistant Secretary of State for Democracy, Human Rights and Labor (1998–2001). This tribute is adapted from "The Future of Lou Henkin’s Human Rights Movement," Columbia Human Rights Journal...
If passed, the House bill, "Currency Reform for Fair Trade Act" (H.R. 2378) has all the markings of a major trade battle before the WTO. At bottom, the law requires the United States administrative agencies to treat currency manipulation as a subsidy that would be subject to countervailing duties equal to the benefit to exporters conferred by the manipulation. The...
You can find the brief here. I was going to write about the "political question" section, but Ben Wittes beat me to it. Here is what he says (emphasis mine): Fifth, the groups’ arguments that the case does not present a political question are deeply radical and fascinating. For present purposes, consider only some of the main themes...
