When I teach the introductory international law class to my students, one of the more difficult aspects of the discussion is the line between customary state practices that rise to the level of binding norms, and those that do not. We all teach Paquete Habana, and the students' eyes glaze over as we passionately discuss the law of prize and...
A federal district court in Washington yesterday declared the presence of “nonconsenting American troops” in Iraq unconstitutional and ordered the Bush Administration to cease further deployment of any American soldiers in Iraq, to the extent those soldiers were members of the class action. The case, Sherman v. Rumsfeld, was brought as a class action on behalf of current soldiers...
Here is the full text of the conversation between Secretary Rice, Justice O'Connor, Jose Alvarez, and Judge Higgins at the annual meeting of the ASIL. ...
This morning at the ASIL Annual Meeting Ruth Wedgwood of Johns Hopkins and Philippe Sands of the University of London debated the legality of the War in Iraq. They gave 25 minute presentations before a bench of “judges” comprised of (real life) Judge Diane Wood of the Seventh Circuit, Christine Chinkin of the London School of Economics, and Yoram Dinstein...
Is Justice Kennedy a treaty lawyer? Listening to him yesterday during his speech to the 100th Annual Meeting of the American Society of International Law, you would think he’s at least been studying up on the subject. As Peggy pointed out, Justice Kennedy’s wide-ranging talk focused most closely on the problem of genocide, and his comments in that...
On Thursday the members of the American Society of International Law voted by a significant majority to adopt a resolution concerning jus in bello and jus ad bellum. The full text is available here. During the discussion, approximately twelve persons rose to urge the membership to pass the resolution and four urged that the resolution be voted down. ...
In his keynote address to the ASIL Annual Meeting today, Justice Kennedy focused on the international crime of genocide, all but calling on the world community to do something to stop the ongoing atrocities in Darfur. It was a stunning -- and I thought compelling -- speech for a sitting justice. As reported by the AP,...
I am blogging from the ASIL centennial Annual Meeting where we have just hosted the very successful (and fun!) Opinio Juris wine and cheese reception on international law blogging. A special thanks to ASIL Executive Director Charlotte Ku and Research and Outreach Director Andrew Solomon for helping make it happen. By my estimate, over 100 guests were in attendance, including...
I mis-blogged yesterday when I suggested the Security Council had agreed on a "resolution" threatening Iran about its nuclear program. Technically, the Council's President (currently held by Argentina's U.N. Rep) issued a presidential "statement." I assume the Council's statement took this kind of odd form to remove any lingering concerns that it would be seen as legal authorization...
The international arbitration community is abuzz with the news that Dr. Wang Sengchang, one of the top officials at the China International Economy and Trade Arbitration Commission (CIETAC) was arrested. CIETAC has a virtual monopoly on arbitrations that occur in China and it has had a checkered history of success in securing investor confidence in the dispute resolution mechanism. ...
In a strange game of "pass the war criminal", the Sierra Leone Special Court is now requesting that the International Criminal Court in the Hague provide a venue for the trial of alleged war criminal Charles Taylor. This request comes one day after the Sierra Leone Court acquired custody of Mr. Taylor from Liberia, which had only minutes before...
Yesterday the Executive Council of the ASIL passed the following resolution for consideration by the full membership at its annual general meeting later today. As a member of the Executive Council, I am privy to the details of the meeting yesterday. But I will refrain from providing the back story about a meeting that is not open to...
