This video from Anne Bayefsky of the Human Rights Council meetings on the Goldstone Report is fascinating (though I am not on board with her over-the-top attack on Goldstone personally). But note the indiscriminate and deeply hypocritical use of the words "genocide," "war crimes," and "crimes against humanity" by the least morally attractive member states of the HRC (How...
Assuming that the other Circuits follow suit, Roger is almost certainly right that the Second Circuit's recent decision in Talisman Energy "will be the death knell for most corporate liability claims under the Alien Tort Statute." That's regrettable in itself. What's particularly regrettable, though, is that the Second Circuit still has no idea what it's talking about when it comes...
I just wanted to note that I have posted to SSRN The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia, which is part of the special issue of the Chicago Journal of International Law about great power politics to which Ken has referred a couple of times....
According to Newsweek, the answer may well be yes: As chief prosecutor of the International Criminal Court, Luis Moreno-Ocampo has so far steered clear of controversial cases. In doing so, he hoped to allay U.S. fears that the ICC would become a politicized tool for settling scores. Which is why it's so surprising that Moreno-Ocampo is now considering an investigation into...
One of my favorite ICL scholars, Guenael Mettraux, recommends precisely that in a recent New York Times op-ed. Here is the core of his pitch: The Guantánamo detainees pose a similar conundrum today. Trying these men stateside would necessarily require the compromise of long-cherished principles of American law. Yet continuing to hold them without the prospect of a fair trial or...
I want to offer a few thoughts on Dean Edley's email, which I appreciate Deb posting. I am much less impressed by his reasoning than Deb appears to be. (And please, Deb, correct me if I am wrong about that.) At the outset, it is important to note that I think Dean Edley's conclusion -- that Yoo cannot be fired, at...
Yesterday, the Eritrea-Ethiopia Claims Commission awarded final damage awards for the fifteen partial and final awards on liability it rendered between July 1, 2003 and December 19, 2005. You can access the damages decisions for Eritrea here, and those for Ethiopia here. According to the AP, both sides will accept the awards, but neither is apparently thrilled with...
The Office of the U.S. Trade Representative frequently does impressive work; witness the U.S. WTO victory this week over China. But when it comes to openness and transparency, USTR's efforts do not have the same shine; this is an agency notorious for its resistance to traditional inter-agency procedures (e.g., the C-175 procedure), let alone opening up its work to the public eye. So, I...
There has been a very interesting -- and potentially very troubling -- development in the Lubanga trial. In response to a submission by representatives for the victims and over a strong dissent by Judge Fulford, the majority of Trial Chamber I has given notice to the parties and participants in the trial "that the legal characterisation of the facts may...
On July 22nd, the tribunal arbitrating the dispute between the Government of Sudan and the Sudan People's Liberation Movement/ Army over the Abyei region rendered its final award concerning boundary delimitation (and, effectively, oil resource exploitation rights). (Links to the webcasts of the oral proceedings here.) The Washington Post reports: Sudan's fragile peace overcame a major hurdle Wednesday when a legal panel...
A century ago the presidential race between Republican William McKinley and Democrat William Jennings Bryan was consumed by the question of whether "the Constitution follows the flag." The United States had just acquired several overseas colonies in the wake of the Spanish-American War. The Democratic Party platform of 1900 declared that “We hold that the Constitution follows the flag, and...
Well, that's exactly what the Obama Administration did this past Wednesday. Secretary of State Hillary Clinton signed the 1976 ASEAN Treaty of Amity and Cooperation (TAC) on behalf of the United States with the intention that her signature serve as the requisite act of accession, bringing the treaty immediately into force for the United States. Now, the treaty does not commit the United States...
