[Professor James Hathaway is Dean and William Hearn Chair of Law at the Melbourne Law School] It is doubtful that the advent of the Trafficking Protocol deserves anything approaching the nearly unanimous support it has received from those committed to the promotion of international human rights. To the contrary, the Trafficking Protocol has enabled governments to hive off a tiny part...
This weekend the Nobel Peace Prize was awarded to Martti Ahtisaari for his role as an international mediator assisting in the resolution of international conflicts. The press release emphasized that throughout Ahtisaari's life he has worked for peace and reconciliation, with particular emphasis on his work in Namibia, Indonesia, Kosovo, and Iraq. Compared to last year's prize to...
The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles recently published by VJIL in Vol. 49:1, available here. On Tuesday, James Hathaway, Dean of the Melbourne Law School, will discuss his article, The Human Rights Quagmire of “Human Trafficking”. Dean Hathaway’s article takes...
Following up on Peter’s earlier post on the foreign policy views of Sarah Palin, I note this letter that she wrote in September 2007 to Senators Stevens and Murkowski expressing her “strong support” for the ratification of the UN Convention on the Law of the Sea (UNCLOS). She also seems to advocate the use of the International Tribunal for the...
I have spent a fair bit of time the past couple days reviewing the Supreme Court's docket for the upcoming term with an eye for any cases that might be of particular interest to our readers. Here is my list of the most important cases that are germane to our discipline. The big issues are (1) senior government...
The Daily Monitor Online, the web presence of one of Uganda's leading independent newspapers, has an interesting article today suggesting that the newly-enacted Child Soldiers Accountabilty Act could be used against senior officials in the Ugandan People's Defence Force (UPDF) -- the armed forces of Uganda -- if they traveled to the US: While no senior officer in the UPDF has...
Sarah Palin in last night's debate: America is in a position to help. What I've done in my position to help, as the governor of a state that's pretty rich in natural resources, we have a $40 billion investment fund, a savings fund called the Alaska Permanent Fund. When I and others in the legislature found out we had some millions of dollars...
I think it’s over. As is true with notational wars, it takes another, more serious threat to take care of the displacement. The end isn’t in the way of armistice or surrender. The wars on drugs and crime continue to be fought under more prosaic headings, but they no longer have a hold on the national imagination. And in the...
Thou shalt not incite public curiosity. It is perhaps the most curious of international obligations. But there it is, expressly required in the Geneva Conventions: prisoners of war "shall be protected ...
The following post was written by Chimène Keitner, an Associate Professor at Hastings. Our thanks to her for contributing it. The Ninth Circuit issued a panel opinion this week in Abagninin v. AMVAC Chemical Corp., a corporate Alien Tort Statute (ATS) case that had largely been flying under the radar screen of many of us who follow these cases, myself included....
The Seventh Circuit in Osagiede v. United States earlier this month ruled that an attorney's failure to provide information as to the client's Vienna Convention rights may constitute ineffective assistance of counsel. Effective performance by counsel representing a foreign national in a criminal proceeding is reasonable performance “under prevailing professional norms.” ...
I hope readers will forgive me for arrogating the "Featured Post" section of the blog, but I wanted to report some professional news: I have accepted a Senior Lecturer position at the University of Melbourne School of Law. I begin next semester -- March, 2009. I will greatly miss the University of Auckland. It's a wonderful law school, with excellent students...
