To celebrate the launch of our new website and new members, Opinio Juris will be holding a symposium over the next two weeks on Harold Hongju Koh's new book, The Trump Administration and International Law, which was just published by Oxford University Press. (You can get a 20% discount by clicking on the OUP advertisement to the right of this...
[Luis Diez Canseco Nùñez served as a judge and then President of the Andean Tribunal of Justice, ending his tenure in 2017.] Alter and Helfer’s book Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice constitutes an important contribution to the study of the international dispute settlement system. It honors me, as a former Judge and President...
[Mark Pollack is Professor of Political Science and Law, Director of Global Studies, and Jean Monnet Chair at Temple University in Philadelphia.] Reading Karen Alter and Larry Helfer’s Transplanting International Courts took me back, involuntarily, to graduate school, and more specifically to a moment of (in retrospect) misplaced outrage during my first-year International Relations Field Seminar. The professor in that seminar,...
[Alexandra Huneeus is a Professor of Law at the University of Wisconsin Law School.] Perhaps the most powerful lesson of Transplanting International Courts is to beware our own parochialism. After all, the only thing new about the Andean Court of Justice (ATJ) when Karen Alter and Laurence Helfer first noticed it was that US-based scholars had begun to take note. The...
[Karen J. Alter is a Professor of Political Science and Law at Northwestern University and a Permanent Visiting Professor at iCourts. Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law at Duke University, and Permanent Visiting Professor at iCourts.] This Opinio Juris blog engages our findings about the Andean Tribunal of Justice, published in our book Transplanting International Courts: The Law and Politics of the...
[Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. This post is a response to the recent Trump Administration and International Law Symposium hosted on Opinio Juris.] Can international law save itself from Donald Trump? Since Election Night 2016, that question has haunted me across many issue areas. Professor Craig Martin and the Washburn Law Journal editors generously invited me...
[Craig Martin is a Professor of Law at Washburn University School of Law, and is Co-Director of the International and Comparative Law Center at Washburn Law.] This post will bring to a close the formal part of the virtual symposium on Harold Koh’s recent article The Trump Administration and International Law. As moderator, I would like to begin by thanking all...
[Kevin Jon Heller is a Professor of Law at the University of Amsterdam. This is the second part of a two-part post. The first part can be found here.] Humanitarian Intervention The first part of this post outlined my retrospective problem with Harold’s article. My prospective problem concerns his passionate call for the legal recognition of unilateral humanitarian intervention (UHI) – intervention...
[Kevin Jon Heller is a Professor of Law at the University of Amsterdam. This is the first part of a two-part post. The second part is found here.] Introduction It is an honour to be invited to respond to the article version of Harold Koh’s recent Foulston Siefkin Lecture at Washburn Law School, “The Trump Administration and International Law.” I am a...
[Laura Dickinson is the Oswald Symister Colclough Research Professor of Law at George Washington University Law School.] In International Law in the Trump Administration, Harold Hongju Koh has articulated a bold vision of the role that international law can play (and to some extent is playing) during the current administration. Unlike some critics, he does not argue that the administration is...
[Frédéric G. Sourgens is a Professor of Law at Washburn University School of Law.] The key virtue of transnational legal process is what Dean Harold Koh calls its “stickiness.” (pp. 416, 437) Transnational legal process is rooted in the deep authority structures underpinning world community: we, as members in world society, have internalized global norm commitments as our own and reflexively order...
[William S. Dodge is Martin Luther King, Jr. Professor of Law at the UC Davis School of Law. From 2011 to 2012, he served as Counselor on International Law to the Legal Adviser at the U.S. Department of State.] Among Harold Koh’s many academic achievements, perhaps his most influential has been to articulate a theory of transnational legal process that explains...