Cross-posted at Balkinization This is a post about politics, not law. How could it be otherwise in engaging the public debate these days over the chronic cluster of post-9/11 terrorist detention, interrogation and trial issues? Demagoguery by Mitch McConnell and his Republican cohort over the Administration’s exactly right and entirely unremarkable decision to bring criminal charges against would-be underwear...
The Academic Council on the United Nations System (ACUNS), in partnership with ASIL and the One Earth Future Foundation, have released a report entitled: "Suppressing Maritime Piracy: Exploring the Options in International Law". It is a useful report, and it is the product of a very smart and knowledgeable group of international law experts including friends of this blog like...
[Daniel Abebe and Jonathan S. Masur are Assistant Professors of Law at the University of Chicago Law School. Their Article may be found here.] On July 8th and 9th, 2009, the New York Times published two seemingly unconnected articles about China. One focused on China’s rejection of an agreement to curb greenhouse gas emissions, while the other concerned clashes...
[David H. Moore is a Professor at J. Reuben Clark Law School, Brigham Young University] The Supreme Court’s decision in Medellin v. Texas has understandably generated substantial debate on the status of treaties in domestic law. Medellin has significant implications for three other areas of foreign relations law as well: Alien Tort Statute litigation, the domestic legal status of customary international...
[Kevin Kolben is an Assistant Professor at Rutgers Business School] This Article argues that the move to human rights discourse and international legal institutions by labor scholars and labor movements, particularly American scholars and movements, deserves more reflection, debate, and perhaps reconsideration. Its thesis is grounded primarily in an intuition borne of personal experience. After graduating from college, I worked for several...
[Sean Watts is an Assistant Professor at Creighton University Law School] A stunningly prescient, yet unfortunately anonymously authored, piece in the 1921 British Yearbook of International Law, argued that the application of science to warfare would inevitably lead to more destructive and intolerable forms of war. From this gloomy premise, the author concluded that efforts to develop laws of war were...
The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles and an essay recently published by VJIL in Vol. 50:2, available here. Today, Sean Watts, Assistant Professor, Creighton University Law School, will discuss his Article Combatant Status and Computer Network Attack. Professor Watts's Article examines the...
[Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy.] The post-Boumediene habeas...
Dan Bodansky’s new book doesn’t just explain what international environmental law is. It explains why it exists, how it develops, and, very importantly, whether it makes a difference—a difference that you and I can experience in our everyday lives. What I like most about this book is that it gives the reader a feel for the subject (this is why...
The proposed anti-homosexuality legislation introduced by Ugandan parliament back-bencher David Bahati is creating an international outcry. The bill--introduced as a private member's bill without government support--would impose the death penalty for "aggravated homosexuality," defined as "sex with a minor or a disabled person, where the offender is HIV-positive, a parent or a person in authority over the victim, or...
The current issue of Foreign Affairs has an article called A Few Dollars at a Time: How to Tap Consumers for Development, which describes the "innovative financing" movement in which private companies find ways for their customers to contribute to international development. This morning, I came across an example that I guess you could call "innovative aid" as it isn't...
I've been writing Chapter 3 of my book on the Nuremberg Military Tribunals, which traces the evolution of the Office of the Chief of Counsel's trial program -- how it selected the twelve cases, why it abandoned others, which suspects it included and which it excluded. It's a fun chapter to write, both because no one has ever done it...
