I have to say I disagree with Roger and John Knox about August’s case of the month. As important as I think the ATCA has become, I think the case Julian flagged last week--NRDC v. EPA—has far greater implications. Indeed, there’s already a fairly lengthy discussion of the case over at the Volokh Conspiracy (see here and here). ...
Alan Wolfe started a thread over at The New Republic’s new Open University by suggesting that the recent APSA was too focused on things foreign as opposed to things domestic. I was there, too (to do a panel on birthright citizenship and to take in the excellent roundtable on international tribunals, among a few others). But my impression,...
One of the more interesting parts of the symposium last week at Pepperdine on the Rookie Year of the Roberts Court were the comments of Supreme Court correspondents David Savage, Gina Holland and Marcia Coyle. You can view their comments here. I thought it was quite interesting that Marcia Coyle, Washington Bureau Chief and U.S. Supreme Court Correspondent for...
Jeremy Rabkin has this piece in the Weekly Standard on what the latest Mideast conflict has to say about IL. As is true of Rabkin's other work, it's nicely argued and knowledgeable. Without getting into the substance of the particular issues (Rabkin's take here hinges on classifying standards of proportionality as something other than customary international law to...
According this report out of Australia, in early July Guantanamo Bay detainee David Hicks was granted UK citizenship only to be stripped of the status the very next day. The British courts had confirmed Hicks' claim to the British tie through his London-born mother. Hicks apparently hoped that British citizenship would lead to his release (as has been...
On behalf of all of us at Opinio Juris, I am delighted to announce that Professor Peter Spiro has accepted our invitation to become a permanent contributor to the blog. As anyone who followed his (remarkably prolific) guest stint knows, Peter brings a wealth of experience and insight to blogging and has expertise in areas of law that complement...
Reuters has a short but fascinating article on Nazi techniques for disseminating coded messages during WW II, including hiding morse code in drawings of fashion models:Nazi agents relayed sensitive military information using the dots and dashes of Morse code incorporated in the drawings. They posted the letters to their handlers, hoping that counterespionage experts would be fooled by the seemingly innocent...
The Australian is reporting that Tanzanian police have arrested Callixte Gakwaya, a defence attorney at the ICTR, on suspicion of involvement in Rwanda's 1994 genocide."He was arrested yesterday. He is now in custody,'' regional police commander Basilio Matei said. According to the arrest warrant, Gakwaya - who leads the defence team of a genocide suspect whose case comes up before the...
According to these stories from the New York Times and the Washington Times, the US is finding that international assistance to Lebanon (including American) almost always ends up going through the hands of Hezbollah because Hezbollah effectively controls all services in south Lebanon. Both stories speak about the issue as a political inconvenience. However, if, indeed, it is true that...
Professor Ken Anderson has an interesting short piece in the New York Times magazine. He argues that regardless of your political persuasion, there is merit in having counterterrorism policy made through Congressional legislation. Irrespective of where you come down in the debate on the war on terror — including whether it should even be conceived of as a...
The Daily Yomiuri Online is reporting that Japan intends to join the ICC in 2007. The article quotes a senior Foreign Ministry official as saying that the government made the decision "partly because the government aims to participate in the review of the treaty and an election of judges to be held in 2009." If the report is correct, it's...
