One of the issues rarely addressed in the debate on reliance on foreign authority to interpret constitutional guarantees is what attitude lower courts should take with respect to the question. As most scholars know, the Missouri Supreme Court in Roper v. Simmons relied on foreign authority in flagrantly departing from Supreme Court precedent in Stanford to hold that the juvenile...
This week's news of cost overruns and corruption in the UN Peacekeeping office have a familiar ring. Earlier this week, eight UN officials involved in procurement in the peacekeeping division were placed on administrative leave, and the draft of a forthcoming report on fraud and mismanagement estimates that over $298 million may be lost or unaccounted for as a result...
Ken Anderson has posted Jean-Marie Henckaerts' response to his earlier blog commentary on the International Committee of the Red Cross study on customary international humanitarian law. (See earlier Opinio Juris posts here and here.) Henckaerts, who serves as legal advisor to the ICRC, was one of the co-authors of the study. One of the interesting elements of the response is...
In case you missed it, President Bush offered a major foreign policy speech yesterday that, among other things, outlined his strategy for the war on terror. It is a long speech that discusses numerous foreign policy issues, but a key component was his summary of the strategy to defeat terrorism: (1) choke off the funding; (2) challenge states that harbor...
Our own Peggy McGuiness has just published an article in the Missouri Law Review on "The Internationalism of Justice Blackmun." When an international scholar thinks of Justice Blackmun a few cases quickly come to mind: Mitsubishi v. Soler, Aerospatiale, Sale, Goldwater, etc. But as McGuiness outlines, his impact on internationalism is far greater than a few odd cases. It also...
Just a day after the U.S. and other Western states expressed concern about the possibility of Sudan chairing the African Union, the AU elected Congo to the chair for a year. (See Julian's post.) The compromise allows Sudan to take the chair next year, which doesn't solve the problem, but at least kicks the can down the road for a...
Canadians voted today in a hotly contested election pitting a resurgent Canadian Conservative Party against a defensive but still dominant Liberal Party. Early results show the Conservatives winning a plurality of the seats. They still may not have enough seats, however, to form a government.I don't have a dog in this race, but I am struck that one of the...
In an unfortunate rotation, the African Union's annual summit is being held in Khartoum, Sudan this year. This is unfortunate because the host always is nominated for the leadership of the group, but that would mean the AU this year would be headed by perhaps its most unsavory member: the government of Sudan.This minor leadership battle is a larger challenge...
Speaking of war crimes trials, according to press reports, Ra'uf Rashid Abdul Rahman, a judge on the Iraqi Special Tribunal, will be elevated to Chief Judge to replace Rizgar Muhammad Amin, who submitted his resignation from the court a week ago. Last week the Iraq government announced that Amin would be replaced by Said al-Hammash, another judge on the tribunal....
Yesterday's NYTimes ran this piece about the recently released minutes of Winston Churchill's wartime cabinet meetings. Here are the notes about Churchill's reluctance to try Nazi war criminals and his preference for execution without trial:As early as July 6, 1942, Churchill was clear about what to do with Hitler. If Hitler falls into our hands we shall certainly put him...
Kal Raustiala has a recent article to be published in the Georgia Journal of International and Comparative Law on Jack Goldsmith and Eric Posner's "The Limits of International Law." Here is the abstract:Jack Goldsmith and Eric Posner's "The Limits of International Law" is not an uplifting read for most international lawyers, who are trained to think international law makes an...
This week I'll be one of a number of guest-bloggers over at PrawfsBlawg. This is an opportunity for me to post about stuff not directly related to international law. But never fear, I will continue to be posting here as well. Should be fun. Please check in....
