Assuming that the other Circuits follow suit, Roger is almost certainly right that the Second Circuit's recent decision in Talisman Energy "will be the death knell for most corporate liability claims under the Alien Tort Statute." That's regrettable in itself. What's particularly regrettable, though, is that the Second Circuit still has no idea what it's talking about when it comes...
Economic blackmail is a part of politics -- but Israel's latest ultimatum to the Palestinian Authority regarding the ICC is still unfortunate: Israel has warned the Palestinian Authority that it would condition permission for a second cellular telephone provider to operate in the West Bank - an economic issue of critical importance to the PA leadership - on the Palestinians withdrawing...
Over at Foreign Policy magazine's blog, Eric Posner has a brief, breezy column on differences, or not, between the Bush and Obama administrations on international law. Fun, quick read, whether one agrees or not. And events of the moment - the opening of the UN General Assembly, the UN confabs on things like climate change, the G-20 meetings, etc. -...
According to Newsweek, the answer may well be yes: As chief prosecutor of the International Criminal Court, Luis Moreno-Ocampo has so far steered clear of controversial cases. In doing so, he hoped to allay U.S. fears that the ICC would become a politicized tool for settling scores. Which is why it's so surprising that Moreno-Ocampo is now considering an investigation into...
French Foreign Minister Bernard Kouchner calls in the Financial Times for a tax on global financial transactions as a means of funding the currently moribund UN Millennium Development Goals. It is an idea that has been floated repeatedly since the 1990s - sometimes with the emphasis on the tax itself as a means of deliberately slowing down and making more...
[caption id="attachment_9642" align="alignright" width="137" caption=""][/caption] So what resulted from the past few days of G-20 meetings of finance ministers? And, particularly given the long-term conversation here at OJ about transnational networks and global governance, do the meetings offer any data point in that discussion? The principal policy debates at the G-20 meetings were over bonus/compensation issues for bankers (pressed hard by the...
As an American who has lived and received health care in two other industrialized Western countries (New Zealand and Australia), I know first-hand how pathetic American health care really is compared to its foreign counterparts. Unfortunately, because most Americans know very little about how the rest of the industrialized world provides (vastly superior and much cheaper) health care, conservatives have...
My friend and former colleague at Auckland, Mohsen Al Attar, has posted two new articles about TWAIL on SSRN. The first, co-written with Rosalie Moore, is entitled "TWAIL Revisited - The Bolivarian Reconstruction of International Law." The second, co-written with Vernon Ivan Tava, is entitled "TWAIL Pedagogy - Legal Education for Emancipation." The abstracts are after the jump. I highly recommend...
The Office of the U.S. Trade Representative frequently does impressive work; witness the U.S. WTO victory this week over China. But when it comes to openness and transparency, USTR's efforts do not have the same shine; this is an agency notorious for its resistance to traditional inter-agency procedures (e.g., the C-175 procedure), let alone opening up its work to the public eye. So, I...
The WSJ has a very important (and certain to be much debated) story today on the front page, "A Global Surge in Tiny Loans Spurs Credit Bubble in a Slum," WSJ, A1, Thursday August 13, 2009. Also see the follow on stories, "Group borrowing leads to pressure," which is about the problem that when you use 'peer pressure' rather than...
The government's new "cash for clunkers" program has been wildly successful. Under the program, consumers may receive up to $4,500 towards the purchase of a new, more fuel-efficient vehicle. What is surprising is the impact this it is having on consumer spending patterns regarding domestic vs. imported vehicles. According to press reports, more than 70% of the...
Randy Barnett at Volokh Conspiracy mentioned today a new paper, "Anarchy and Development: An Application of the Theory of the Second Best," 2 Law and Development 1, article 4 (2009), by Peter T. Leeson and Claudia R. Wilson. Professor Barnett says he hasn't yet read it, but the abstract looks interesting. It intrigued me enough to download it (it's a...
