I would first like to thank Opinio Juris for hosting this online symposium on my recent article, Transnational Regulatory Networks and Their Limits. Opinio Juris has quickly become an invaluable means of keeping up with current developments in international law, and I am delighted to have this opportunity to share my thoughts with you. In essence, the article sounds a cautionary...
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...
Homework, people, homework: Bangladesh may request the International Criminal Court to put on trial Pakistani forces for alleged war crimes, a top official said Tuesday. 'We will take the matter to the International Criminal Court and seek the trial of the members of the Pakistani occupation forces who committed crimes against humanity during our liberation war,' State Minister for Liberation War...
Notwithstanding that for many academics, the debate over global governance has shifted away from NGOs, and the debate over NGOs has shifted away from 'representativeness' and 'legitimacy' to 'accountability' in a narrower and more local sense, I suggest in this review essay, in the new AJIL (January 2009), of a 2006 book on NGO accountability, that the questions of legitimacy...
Tod Lindberg, research fellow at the Hoover Institution and editor of Policy Review (and, full disclosure, good friend of mine) has a new article out in Commentary, "The Only Way to Prevent Genocide." The article argues that while "creative diplomacy" can make a difference, in "the end, it may all come down to the willingness of the United States to...
I know I shouldn't let mainstream American conservatives' ignorance of international law bother me, but it does. Today's example: The United States is not a signatory to the International Criminal Court, and Spanish judge and prosecutor Baltasar Garzon is a good reason why. He is considering a lawsuit by lawyers for human rights groups seeking the arrest and extradition of six former...
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,...
Back in February, I noted that the ASIL Task Force on U.S. Policy Toward the International Criminal Court had adopted a set of recommendations for how the Obama Administration could take steps to engage with the ICC in new, more positive ways than the preceding Bush Administration. As part of the ASIL Conference last week, the Task Force released a...
Oy vey iz mir. The blogosphere is positively abuzz (see here and here) with the news that the ICTY Trial Chamber has used my post about meeting Dr. Karadzic to supports its recent decision that he speaks English for purposes of the Statute and Rules of the Tribunal, a decision that relieves the Prosecution of the obligation to translate its...
The Institute for War and Peace Reporting's article today about Darfur is entitled "Darfuris' Mixed Feelings Over Bashir Warrant." When I first saw the title, I thought that the article was going to discuss Darfuris who believe that the warrant will undermine the possibility of a lasting peace in the region. My bad: “We are really very happy about the arrest...
In response to my previous posts on the correct interpretation of Article 58, Alex de Waal asked three lawyers to answer the following two questions: 1. Did the Pre-Trial Chamber misinterpret Article 58's "reasonable grounds" standard? 2. If so, does the Prosecution Application establish reasonable grounds to believe Bashir is responsible for genocide? It's an interesting survey. Two of the three lawyers agreed...
The IMF is much under discussion these days as the global recession deepens and spreads. I invited Daniel Bradlow (professor at my school, Washington College of Law, and head of our international legal studies program, as well as long time advisor on Africa to the development banks and institutions, and SARCHI professor of international development law at the University of...
