We've spent a lot of time here at Opinio Juris on the implications of the Supreme Court's Medellin decision. Very little of that discussion, however, has considered the decision's impact on the Senate's role in U.S. treaty-making. That may be because the Court itself spent so little time on the Senate. It did recognize that the intent of the Senate,...
A couple of years ago, I examined whether popular conceptions of the current Bush Administration's disdain for treaties had quantitative support. I found to my surprise that the Bush Administration did not appear to be concluding significantly fewer treaties (whether solely pursuant to Article II or to all forms of U.S. agreement-making combined). Looking just at Article II treaty activity in...
This past month I received an email sent to over 60 law professors inviting us to join an amicus brief. The case is before the D.C. Circuit and involves the important issue of corporate responsibility for human rights violations under international law. The email was sent at approximately midnight on a Monday night and invited a distinguished group...
Two months ago, I predicted that the Security Council would not have the votes necessary to defer the ICC's prosecution of Bashir. Nostradamus I'm not: In a last-ditch attempt to prevent ICC judges from issuing an arrest warrant for Bashir in the next few weeks, Bashir's supporters - the Arab League, the African Union, China and Russia - will use the...
I had the pleasure this past Friday to moderate a conference at Pepperdine on social entrepreneurship that featured Matt Flannery, co-founder of Kiva, one of the leading microfinance organizations on the Internet. There is so much I could say about Kiva and Flannery's remarks, but let me just highlight a few points that were raised by his discussion. First, the...
In my original post, I recommended a number steps that Israel should take in order to contain the increasing terror activities emerging from East Jerusalem. I would like now to illuminate some of these. As noted in the original post, during the last seven years, the levels of terror activity in East Jerusalem have been significantly lower than those in the...
Opinio Juris is pleased to welcome Daniel Seidemann as a guest blogger this week to address the Israeli-Palestinian conflict and the future of Jerusalem. Daniel is the founder and legal advisor for Ir Amim, a non-profit, non-partisan association dedicated to an equitable, stable and sustainable Jerusalem. Ir Amim (“City of Nations” or “City of Peoples”) was founded in...
Ken, since I have commitments most of today, I can answer only briefly and perhaps a little too abruptly, the surprising, even astonishing remarks in your last post, remarks so surprising, given their source, that I am wondering whether someone pretending to be you actually made the post. Let’s begin with the granular. In my post on the Israeli-Palestine conflict I...
In this final substantive post of my Warholian week as guest blogger I offer a necessarily telegraphic summary of my long chapter on the conflict. Being telegraphic it will not even have the virtue of the chapter, i.e. even if it is clearly wrong, it won’t be wrong clearly. For two reasons I devoted an entire chapter to a single neuralgic...
Colleagues, The pan of discourse is beginning to sizzle. A delightful sound. So rather than racing on to another main issue I attempt to address in my book, in this post I stop and engage with discussants. Let me start with Ken Anderson in part because his very interesting categorization of ways of thinking about strategy lubricates a segue to Mark...
I want first to qualify my statement in the last post that probably a majority of contemporary scholars and governments still cling to the position that the only legitimate uses of force are defense against armed attack and enforcement action authorized by the Security Council. In fact, particularly among European and American legal scholars and NATO governments there has grown...
There are only two things about the consequences of the use of force that can be predicted with absolute confidence. One is that innocent lives will be destroyed. The other is that when democracies go on a war footing, the normally ample liberties of their residents (particularly resident aliens but also citizens) will shrink. It therefore follows from the description...
