I only recently noticed this op-ed by Cuba expert Wayne Smith, a former head of the U.S. Interests section in Havana, noting that Cuba could easily claim the use of Guantanamo Bay as a detention center violates the Agreement between the United States and Cuba for the Lease of Lands for Coaling Stations, the treaty which is the basis for...
I didn’t intend to sound disparaging about humanitarian intervention, but when the above title occurred to me I just couldn’t resist using it. Come to think of it, Howard Cosell would have been pleased; the title “tells it like it is.”The international legality of humanitarian intervention is on my mind these days because I’m trying to scribble out a Foreword...
I also want to welcome Professor D'Amato to Opinio Juris. And, in the typical Opinio Juris fashion, I want to welcome him by immediately taking exception to some of the arguments he put forward in his inaugural post.I agree that Judge Roberts should be held responsible for the D.C. Circuit's decision in Hamdan as much as if he had written...
As the law school world peruses the briefs and opinions of Supreme Court nominee John Roberts, one of his important cases that just about everyone omits is Hamdan v. Rumsfeld (D.C.Cir. July 14,2005). The reason for ignoring it is, presumably, that it was a 3-0 decision in which Judge Roberts remained silent. ...
We are very fortunate (and a little daunted) to have Professor Anthony D’Amato of Northwestern University School of Law guest blogging with us for the next two weeks. For most of our readers, Tony won’t need any introduction. Besides his extensive list of publications (over 20 books and 110 articles) on international criminal law, human rights, foreign relations law...
The United Nations Human Rights Commission is an easy target for UN critics, but this doesn't mean that they don't deserve the disdain and contempt that is usually heaped on them. Case in point: eight UN human rights experts have issued a statement condemning the current US-Russia sponsored "Road Map" talks between Israel and Palestine because the negotiations currently do...
This report suggests that the international and domestic human rights groups have turned up the pressure on Iraq's new government to join the ICC. Indeed, this report indicates that the Iraqis drafting their permanent constitution are considering an "international law" supremacy clause that would subordinate domestic Iraqi laws, including constitutional laws, to international treaties, thereby giving institutions like the...
Elizabeth Kandravy Cassidy has posted an interesting response to my posting on the relevancy of European developments in gay marriage to the debate in the US. Here is the link back. ...
It's ICJ selection season with five of the 15 ICJ seats open for replacement. New Zealand is fast out of the box, as this article suggests, by sending its candidate on a global tour to drum up support. Of course, this is very early because, as I understand it, the selection won't be made until the fall of 2006 with...
Let me try to unpack several of the assertions Julian made in his argument that the UN ambassadorship (wait, all ambassadorships!) is “irrelevant.”Does the job of UN ambassador matter? It matters on two levels. First, it matters to the foreign policy making process as much as the President decides it will matter. Over the years, some presidents have made it...
I don't really understand why Bolton's nomination (and now recess appointment) has drawn so much criticism and, for that matter, why conservatives are so excited about his nomination. Bolton appears to be a smart, experienced, conservative guy. He isn't going to figuratively blow up the U.N., but he isn't going to go out of his way to be nice to...
President Bush has appointed John Bolton in a recess appointment. CNN's story is here. The BBC has a report here.While President Bush has gotten his way with the Bolton nomination, despite not being able to muster the 60 votes needed to break the filibuster, this is likely to be a Pyrrhic victory at best. With the looming free-for-all this fall...
