Julian’s recent post on the work of the ICJ is interesting, in part because of its common misperceptions. I think his most recent post on the ICJ and others similar to it are inaccurate in their description of the work of the ICJ and muddled as to any prescription concerning how to ameliorate the institution. Both concerns, I...
In the mass of articles about the newest U.S. Supreme Court nominee Judge Samuel Alito, there has been very little discussion about his views on international and comparative law (Roger's post here is the great exception). This is probably because most activist groups really don't care about his views on these questions and because his paper trail in these matters...
My vote for the most important international law case of the month is Broniowski v. Poland, the ECHR decision that paves the way for "class action" human rights litigation in Europe. As discussed in my earlier post, an international tribunal in Europe may now order systemic, national relief to a class of similarly-situated claimants. The decision that launches this "pilot...
Earlier today the UN Security Council issued Resolution 1636 demanding that Syria cooperate with the Hariri investigation “or else.” OK, it didn’t really say “or else” but that was the gist of it. See a summary of main points here; UN press report here.The UN press report explained thatThe resolution called on all States to prevent the entry or transit...
A quick review of Judge Alito's decisions suggests very few that have international law implications. One recent decision that merits significant attention is Chen v. Ashcroft, 381 F.3d 221 (3d Cir. 2004). At issue is whether the fiancée of a woman who was forced to undergo an abortion in China is entitled to asylum.Factually the case is extraordinarily sympathetic. A...
This is an interesting story. Under Canada's Crimes Against Humanity and War Crimes Act, Canada has charged a Rwandan living in Canada of genocide, war crimes, and crimes against humanity. Under Article 8 of the Act, Canada can charge anyone for genocide if the crime or the criminal has a Canadian nexus. This is very broadly defined to include (1)...
This past week, the President of the ICJ Shi Jiuyong addressed the U.N. General Assembly as part of of the ICJ's submission of its annual report (which can be found here, the President's speech can be found here). It was, of course, very boring. But it also reveals that the ICJ doesn't realize the seriousness of the problem I have...
Albany Law Review sponsored a symposium today on the topic of “Outsourcing Authority: Citation to Foreign Court Precedent in Domestic Jurisprudence.” It included a number of speakers, including Ken Kersch, Susan Karamanian, John McGinnis, John Baker, Mark Tushnet and yours truly. Wonderful debate about Roper v. Simmons, Lawrence v. Texas, Charming Betsy and the general trend toward...
Peter Spiro and Dan Bodansky at the University of Georgia Law School are hosting a symposium this weekend to discuss and critique Jack Goldsmith and Eric Posner's informative and provocative book, The Limits of International Law. I discussed the book's central thesis -- that international law is merely a reflection of states acting rationally to pursue their interests in relation...
The final Volcker Independent Inquiry Committee Report has been released (see here). News summaries have generally emphasized the final report's conclusion that over 2000 companies participating for Oil-for-Food were involved in illegal or at least illicit kickback schemes with the Saddam Hussein Iraqi government. But the report also rightly faults the U.N. itself for failing to prevent or stop such...
Justices Breyer and Scalia have now taken their debate about foreign precedent on the road. They were in Melbourne, Australia this weekend to discuss with Australian High Court Justices Kirby and Heydon the topic of judicial activisim. A summary of the discussion is in a John O'Sullivan column here. (No word yet from the University of Melbourne as to whether...
While on the subject of foreign precedent, the ABA has published a letter and issued a news report that sharply criticizes H.Res. 97, the resolution that expresses the sense that "judicial interpretations regarding the meaning of the Constitution ...
