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13 Jan

Or so to speak. The standard narrative about the law of expropriation is that there was a wave of nationalizations (and subsequent arbitrations) in the 1960's and 1970's, then a wave or privatizations in the 1980's and 1990's. Today's disputes about expropriation, so the story goes, are about regulatory expropriation--how different types of regulations (environmental, health, tax, etc.) can actually...

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12 Jan

President Bush's surge strategy in Iraq may be the final ingloroious blow to Tony Blair's legacy. But the "special relationship" appears to be further strained by the Atlanta police department's overzealous enforcement of the Georgia jaywalking statute against a world-renowned British historian and self-described "ageing member of the bourgeoisie." A friend at the FCO, aware that I am...

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12 Jan

It seems that quite a few prominent law firms are establishing climate change practice groups, among them Pillsbury Winthrop, Latham & Watkins, Davis Wright Tremaine, and Hunton & Williams. This shouldn't be very surprising. Even if the US government has yet to sign on to Kyoto, transnational corporations will have to deal with that and other emissions regimes...

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11 Jan

The story here (also fronted in the FT). With half a trillion dollars in annual sales, this effort of Wal-Mart, Tesco, Carrefour and Metro — the world's four largest superstores — is bound to be of consequence. One question mark: can a code such as this, labeled the Global Social Compliance Program and purporting to regulate the...

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10 Jan

I have a new essay on SSRN, entitled "Retreat from Nuremberg: The Leadership Requirement in the Special Working Group's Definition of Aggression." Here is the abstract:The International Criminal Court’s jurisdiction over the crime of aggression is contingent upon the Assembly of States Parties adopting a definition of the crime. To that end, the Special Working Group on the...

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10 Jan

In keeping with my recent spate of hopeful posts, it's my pleasure to mention that Israel is poised to appoint its first-ever Muslim minister:An Arab-Israeli legislator of the centre-left Labour Party is to become Israel's first-ever Moslem minister, Israeli news channels reported Wednesday night. Labour Party head Amir Peretz has decided to appoint Raleb Majadele from the central Arab-Israeli town of Baka el-Garbia as science,...

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10 Jan

On Sunday, U.S. forces attacked what the Defense Department is characterizing as “’principal Al Qaeda leadership’ operating in the southern part of Somalia." DOD’s information on the attack is pretty sketchy, but the official Defense Department news story indicates that the targets were “terrorists who may have struck the U.S. embassies in Kenya and Tanzania.” [Update: The New...

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10 Jan

An impressive array of academics (including Anne-Marie Slaughter and John Ikenberry) and think-tank heavyweights (Ivo Daalder among them) are lining up behind the idea of institutionalizing an alliance of true democracies to advance effective and legitimate global governance. It's a central recommendation of the final report of the Princeton Project on National Security (which includes a draft charter for...

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09 Jan

Ostensibly as a "concession" to the Democratic-controlled Congress, William Haynes II has withdrawn from consideration for a position on the U.S. Court of Appeals for the Fourth Circuit. The Democrats filibustered his nomination in 2004, but Bush renominated him last year. Opposition to Haynes, who was General Counsel of the Department of Defense, centered on his responsibility, as...

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09 Jan

His comment here in the Guardian, in which he (in effect) takes up the possibility of life imitating art, in this case, the dramatic visions of prosecuting Tony Blair for the crime of aggression in committing British troops to Iraq. Sounds far-fetched, but Sands is articulate as always. ...

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09 Jan

One of the under-reported stories of the past four years is the tragedy of Robert Mugabe’s Zimbabwe. That the near collapse and human decimation of one of Africa’s most beautiful, prosperous and resource-rich countries has been relatively ignored at the UN and in Washington and the European capitals is, perhaps, the unfortunate result of a confluence of distracting world...

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