In case you missed it, Yoo had this op-ed in yesterday's Philadelphia Inquirer. The Padilla claim seems no more than a piece of lint on his suit, from the tone of the piece, which would seem to defeat up front the largely symbolic (declaratory) objective of the action. Yoo appears never to have let his guard down on...
As our readers have probably noticed, I have been posting fairly regularly about World War II over the past few months. I'm delighted to finally be in a position to explain why: I am beginning to write to write a book on the jurisprudence of the Nuremberg Military Tribunals for Oxford University Press. Here is a snippet of...
I've posted on SSRN my recent book review for the American Journal of International Law of Malgosia Fitzmaurice and Olufemi Elias' Contemporary Issues in the Law of Treaties (Eleven International Publishing, 2005). Here's the abstract: On the surface, CONTEMPORARY ISSUES IN THE LAW OF TREATIES, by Malgosia Fitzmaurice and Olufemi Elias, makes no overt claims regarding the debate over the...
I explained on Monday how the House of Lords in R (Al-Jedda) v. Secretary of State for Defence [2007] UKHL 58, [2008] 2 WLR 31, came to decide that the Multinational Force in Iraq was not acting for the UN. But that holding alone did not put paid to the respondent’s arguments drawn from SC Res. 1546. The Secretary of...
Opinio Juris is pleased to announced that in cooperation with the Council on Foreign Relations we will be sponsoring a book discussion with Walter Russell Mead about his new book, God and Gold: Britain, America, and the Making of the Modern World. The book discussion will be held the week of February 4, and we wanted to announce...
David Luban has an extensive post over at Balkinization that makes it sound like Padilla's case against John Yoo is much easier than it is. It's not an easy case. I was especially surprised by Luban's discussion of immunities. Here's what he writes: 3. What about immunities? The short answer: only a few government officers get absolute immunity...
Notwithstanding its recent efforts to avoid recess appointments with 12 second sessions, the Senate will return in full next Monday. For international lawyers, the big question is whether UNCLOS finally gets a vote for the Senate's advice and consent. As I noted here and here, the SFRC voted UNCLOS out of Committee last fall largely along party lines....
I am very grateful to all the regular contributors here at Opinio Juris for having me, and to Kevin for his kind introduction. To begin with, I would like to offer some thoughts on the question set out above. At first glance, it seems utterly absurd. But exactly that question was recently considered by the House of Lords (if, obviously, by...
Opinio Juris is pleased to welcome Tobias Thienel, who will be guest-blogging with us for the next two weeks. Most of you will recognize Tobias as one of our most dedicated and intelligent commenters. We are confident he will be an even better read on the main stage. Tobias is a 2004 graduate of the University of Kiel and...
Paul Marshall has an interesting op-ed in the Washington Post on the spiritual capital of successful countries. I know Marshall well and his analysis seems exactly right to me. In the piece he discusses a fascinating World Values Survey, which includes a cultural map of the world, pictured at left (click to enlarge). That map divides the...
Agee died on Monday in Havana (Times obit here), having lived out his days as a Havana travel agent (and apparently as a US citizen until the end). Among his legacies as a CIA renegade is the legal battle surrounding the revocation of his passport in 1979. In Haig v. Agee, the Supreme Court upheld the action against...
In his book, All Things Considered, published in 1915, G.K. Chesterton had this to say about the virtue of internationalism and the vice of cosmopolitanism: It is obvious that there is a great deal of difference between being international and being cosmopolitan. All good men are international. Nearly all bad men are cosmopolitan. If we are to be international we must...
