Among my many hobby-horses is a fascination with the role of the individual American states in the interpretation and implementation of international law within the U.S. In past work, for instance, I have argued that states can individually implement treaties via guidance from Uniform Laws. I had a few examples of this phenomenon in my article, and I think it will...
[William S. Dodge is The Honorable Roger J. Traynor Professor of Law at the University of California, Hastings College of the Law. From August 2011 to July 2012, he served as Counselor on International Law to the Legal Adviser at the U.S. Department of State, where he worked on the amicus briefs filed by the United States in Kiobel v....
Your weekly selection of international law and international relations headlines from around the world: Africa Kenya has given the United Nations three months to remove a camp housing more than half a million Somali refugees, as part of a get-tough response to the killing of 148 people by Somali gunmen at a Kenyan university. Middle East and Northern Africa An Egyptian court's decision to...
This week on Opinio Juris, we hosted a Book Symposium on Interpretation in International Law. The Symposium was introduced by Daniel Peat and Matthew Windsor who offered the framework and context of the book in describing their introductory chapter (available here), explaining that the idea of interpretation in their work centers around the metaphor of a game, with each of the authors...
[John Louth is Editor-in-Chief of Academic Law at Oxford University Press.] I make it 401, but more of that below. A few years ago when we carried out some research into law scholars’ habits we found many were telling us that there was so much being published that they didn’t even try to keep up anymore. I decided to try and see...
Newsweek published a long article today about a petition organized by NYU students, alumni, and non-law faculty claiming that it would be "unacceptable" for Harold Koh to teach international human-rights law at the law school. Here is a snippet: While working for the Obama administration, Koh was the most public legal defender of the president’s drone strike program. Last month, a...
Negotiations over the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP) have highlighted the growing debate over investment arbitration. Last week the New York Times published an article summarizing objections to the TPP investment chapter. The article notes that politicians, law professors and liberal activists “have expressed fears the provisions would infringe on United States...
[Gabor Rona is a Visiting Professor of Law and Director, Law and Armed Conflict Project at Cardozo Law School.] The 9th Circuit issued a revised Opinion on March 27th in Maldonado v. Holder, a case about non-refoulement (the obligation not to expel, return or extradite someone to a country where they would be in danger of being tortured) and deferral...
I want to start off our conversation about the larger project Bianchi, Peat and Windsor have undertaken with their new book before introducing my own contribution to it. For years, the concept of interpretation has had a fairly narrow focus within the international legal landscape. It has almost uniformly been associated with a discrete set of objects -- treaties. From Grotius...
Nearly everyone treats Palestine's membership in the ICC as a done deal; after all, the UN Secretary-General (UNSG) has accepted Palestine's accession to the Rome Statute and the OTP has publicly stated that "since Palestine was granted observer State status in the UN by the UNGA, it must be considered a 'State' for the purposes of accession." But neither the...
Your weekly selection of international law and international relations headlines from around the world: Africa Gunmen from the Islamist militant group al Shabaab stormed a university in Kenya and killed at least 147 people on Thursday, in the worst attack on Kenyan soil since the U.S. embassy was bombed in 1998. Al Jazeera offers a context piece about why al Shabaab has...
This week on Opinio Juris, Kevin posted links to Justice in Conflict's symposium on Palestine and the ICC (1, 2), and commented on John Bellinger's op-ed on the prosecution of ISIS through the ICC. Following the University of Southampton's withdrawal of its permission for a conference on Israel, Kevin argued that Israel's defenders use double standards when it comes to academic freedom. He also...
