[OJ ed. Note this post was submitted before comments to Mr. Guiora's first post were received.] In Monday’s post, I presented the fundamental principles of administrative detention. Today, I will discuss the process and considerations when to apply the measure as developed over the course of years in Israel with respect to a specific individual. The measure is applied in...
We're delighted to have Professor Amos Guiora join us this week as a guest blogger at Opinio Juris, where he'll be discussing what lessons U.S. lawyers and policymakers might draw from the Israeli experience in administrative security detention. As many regular OJ'ers know, Professor Guiora is an expert on comparative counterterrorism law and has published extensively both in the United...
I would like to thank everyone at Opinio Juris for inviting me to guest blog this week on detention policy issues facing the Obama Administration, the Congress, and the courts. Needless to say, I hope my comments contribute to the debate and I welcome comments/feedback from readers. The discussion below addresses both detainees presently held and those detained who will be...
Senator John Cornyn (R-Texas) has recently begun a series of "daily questions" for Supreme Court nominee Judge Sotomayor. The Friday, June 12 question is about interpretation of the US constitution and foreign and international law in relation thereto. One thing that can safely be taken away from the last three Supreme Court confirmation processes is that this issue is here...
Professor Bodansky is absolutely right that the success of U.S. climate change policy depends on whether our leaders can align domestic and international efforts. Unless the United States does its fair share, other nations will not do theirs. And yet a purely international solution – untethered to domestic political realities – has little chance of securing U.S. participation. Bodansky’s own...
[Daniel Bodansky is a Professor at the University of Georgia Law School] In the international climate change negotiations, new ideas are a scarce commodity. After almost twenty years of intensive work, most of the low-hanging fruit have already been plucked, and progress tends to be more incremental – a refinement to the possible types of emissions targets here, a new variation...
I appreciate the comments from Professors Fontana and Ahdieh, and don’t have much to quarrel about with them. They offer useful correctives or supplements to my argument. On the question of the scope of the argument – that is, the nations where we can expect convergence in constitutional law – my essay notes one important exception, and Professor Fontana raises a...
[David Fontana is a Professor at George Washington University School of Law] Mark Tushnet has written another interesting paper, yet again combining his background in American and comparative constitutional law. Tushnet argues—with some qualifications—that there are major structural pressures leading to the globalization of a genre of provisions of domestic constitutional law. Tushnet’s paper is shorter, so there are many claims...
[Robert Ahdieh is a Professor at Emory Law School] At the outset, my thanks to the editors of the Virginia Journal of International Law for inviting me to contribute to this symposium, to my friends at Opinio Juris for hosting it, and to Professor Tushnet for his valuable contribution to ongoing debates about constitutionalism, globalization, and their interrelationship. Needless to say, Professor...
As an eminent scholar on the topic of amnesties, I appreciate Ron Slye’s thoughtful response to my analysis of the Barrios Altos case. His critiques are certainly ones that I anticipated when offering my broad reading of the Inter-American Court of Human Rights’s landmark ruling. As a regional body, the Court can only issue judgments that bind member States. Thus,...
[Ronald Slye is the Director of International and Comparative Law Programs and Professor at Seattle University School of Law] Lisa Laplante provides those of us interested in international criminal law, and more specifically the legitimacy of utilizing amnesties during a period of societal transition, with a valuable service by pointing us to, and carefully parsing, the Barrios Altos decision of Inter-American...
I am briefly interrupting the erudite VJIL symposium to note that a task force announced by the administration to discuss and come up with ideas on how to address detention, Guantanamo, etc., is meeting today in DC. I am unable to make it today, but supplied a number of comments via Ben Wittes, and I send it all good wishes...
