Many thanks to Derek Jinks for his kind words on the article and deeply incisive comments. I will do my best to reply sequentially to the provocative issues he’s raised. 1. I agree that conceptual overlap of ad bellum and in bello does not necessarily pose a problem for IHL. Indeed, as Jinks says, some discrepancy based on the nature of the...
Thanks to the editors of Yale Journal of International Law and the hosts of Opinio Juris for the opportunity to comment on Rob Sloane’s terrific article, The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and the Jus in Bello in the Contemporary Law of War. The piece is, in my view, essential reading for law of war...
In the first place, I want to express my thanks to the hosts of Opinio Juris and to the editors of the Yale Journal of International Law for the opportunity to discuss this piece in a public forum—and, above all, to Derek Jinks for kindly taking the time to read and comment on it. What animated this article is my...
I would first like to thank David for his thoughtful reply to my initial post. I will address his three main points briefly and in order. First, David raises a very fair set of questions regarding the choice and emphasis of my case studies. I deliberately chose three networks that were widely seen as successful in the literature, so that they...
All news is local, I guess, even in this supposedly globalized age. So it is not surprising that it took an attack on a U.S. ship with a U.S. crew to focus the American public's attention on the piracy problem off the coast of Somalia. But as readers of this blog can attest, the piracy issue has been flagged, addressed,...
The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in this third online symposium. Today, Friday, and Monday we will feature three Articles published by YJIL in Vol. 34-1, which is available for download here. Thank you very much to Peggy McGuinness and the other Opinio Juris bloggers for hosting and...
Last week, on April 1, the European Community (EC) signed onto the Hague Choice of Courts Convention. The treaty essentially seeks to replicate for covered commercial contracts a regime of judgment recognition in cases where parties exclusively agreed on a particular court for their disputes akin to the recognition of arbitral awards that occurs under the New York Convention. The EC signature is...
It is a rare thing indeed to find a published mediation decision involving a matter of such profound importance as the settlement of 9/11 litigation. Last month, Judge Hellerstein of the Southern District of New York published an order accepting the mediated settlement of 95 claims against the airlines for approximately $500 million. The order and accompanying mediator...
My long slow slide into complete disenchantment with the Obama administration continues. Comes now, via my two favorite national-security law bloggers, Glenn Greewald and Scott Horton, a truly terrifying tale in which a nameless and faceless Department of Defense committee attempts to put Clive Stafford Smith, one of the world's great human-rights lawyers, in jail for...
[ Laura Dickinson is Foundation Professor of Law, Sandra Day O’Connor College of Law, Arizona State University.] Recent attempts to criticize Harold Hongju Koh’s appointment to be the Legal Adviser at the U.S. Department of State have gone from silly to absurd. Koh, currently the Dean and the Gerard C. and Bernice Latrobe Smith Professor at Yale Law School, is one...
Following-up on my post on Harold Koh's nomination, in the first part of this post I round-up some links to new stories and blog posts on Koh's nomination. Moreover, after the "continue reading" jump there is a guest post from Prof. Anupam Chander of the University of California, Davis (currently visiting at the University of Chicago). In the last day or so,...
I was very happy to hear last week the news that Dean Harold Koh of Yale, someone I have known for many years and whom I greatly admire, was being nominated to head the State Department’s Office of the Legal Adviser. It’s one of those picks that just makes sense: Koh is widely respected in the legal profession (among lawyers with a...
