So asks Robert Dreyfuss of The Nation, in his interesting piece about the recent U.S. cross-border raids into Pakistan and Syria, with Iran looming (see this NYT article for background). Dreyfuss is very worried about this doctrine, and suggests that its acceptance could result in the "end of international law." I wouldn't go that far, but it is definitely a challenge to traditional norms...
Article XX(a) of the GATT allows countries to violate WTO rules if doing so is “necessary to protect public morals.” The “public morals” exception is notoriously elusive, with only one WTO case—the US-Gambling Services case—clarifying the scope of the exception. So in a real sense we don’t really know when “public morals” can or cannot be invoked. ...
A couple of months ago, I blogged about the possibility that Blackwater would support the African Union's peacekeeping mission in Darfur. That hasn't happened yet, but the company seems to have found another line of work -- fighting pirates off the coast of Somalia: Blackwater Worldwide and other private security firms — some with a reputation for being quick on the...
Career diplomat Nicholas Burns has an essay in Newsweek on the whole "negotiate with adversaries" kerfuffle. (Yeah, I said "kerfuffle" because that's about all it deserves.) He begins: One of the sharpest and most telling differences on foreign policy between Barack Obama and John McCain is whether the United States should talk to difficult and disreputable leaders like Iran's Mahmoud Ahmadinejad...
In a sign of increasing election-eve desperation on the Right, respectable Republicans (Andrew McCarthy, for one) appear now to be taking seriously the argument that Obama does not meet constitutional eligibility requirements for the presidency. A suit has been filed in Pennsylvania seeking declarative relief to that effect, on two grounds: 1) he was born not in Hawaii but...
I'm just back from 9 days in Madrid -- my first visit, and it was great. Of course, while there I couldn't ignore the international law-related story of the day. Judge Baltasar Garzón (of Pinochet, al Qaeda, and Eta fame) is at it again. This time he's agreed to open a criminal investigation into thousands of disappearances and executions surrounding...
The Lubanga fiasco continues. Earlier today, the Appeals Chamber upheld the Trial Chamber's indefinite stay of the proceedings, but refused to order his immediate release, instead remanding the case to the Trial Chamber for further consideration of the issue. I have not had a chance to read the two -- typically lengthy -- decisions in any great detail, but these are...
Paul Kennedy, distinguished Yale historian and author of many works, including most recently his history of the United Nations, The Parliament of Man, had a striking opinion piece in the Wall Street Journal on October 17, 2008, "Weak States and Scofflaws Have No Business on the Security Council." At issue was which countries would take up the rotating memberships on...
John Bellinger has been legal adviser to the State Department for the past four years. In this speech to the International Law Weekend (October 17, 2008), he offers some reflections on his experience. (We here at OJ were privileged to have John guest blog here in a unique and highly successful experiment in 'blogging with the Legal Adviser'.) I excerpt...
Hope springs eternal in the Sudan -- at least on the part of the government. Apparently, Khartoum has managed to convince itself that the Pre-Trial Chamber's recent request for additional information concerning the charges against Bashir means that it intends to dismiss those charges: The Sudanese government hailed a decision by the judges of the International Criminal Court (ICC) requesting more...
For the last several years, I have been watching with fascination and admiration as my friend and Washington College of Law colleague, Daniel Bradlow, has been developing more or less from scratch an innovative tool in development finance for his native South Africa, what he has titled "Reconciliation and Development Bonds." Professor Bradlow heads the international legal studies program at...
[Professor Diane Ring is Professor of Law at Boston College Law School] The international tax problems of today are typically beyond the scope of a single nation to solve. However, the prospect of multinational problem solving, often under the auspices of an international organization, unleashes objections grounded in sovereignty. Despite widespread reliance on sovereignty arguments, little attention has been directed at...
