On this last day of September I would nominate Padilla v. Hanft as the most important international law case of the month. The Fourth Circuit decision, per Judge Michael Luttig (on the short list for a Supreme Court nomination), is a great example of the potential impact that international law principles may have on statutory interpretation under the so-called...
Costa Rica's government announced today that it will apply to the ICJ to resolve a decades-long dispute with Nicaragua over navigation rights on the parts of the San Juan River that run between the two countries (UPDATE: Press release announcing the case is here. It looks like the most important precedent for this case is an opinion by U.S....
I've been remiss in failing to keep up with the proceedings in Medellin v. Dretke, a case involving the enforceability of a judgment by the International Court of Justice that I blogged rather obsessively about here, here, and here. Luckily, Lyle Denniston of SCOTUSBlog is on the case here with a useful report on the latest proceedings, which have become...
At the dawn of John Roberts’ tenure on the Court, I find it irresistible to ponder what commentators will say about the Chief Justice at the twilight of his career. When he retires decades hence, I suspect much of the praise accorded him will be about the persona of the man. Having watched John Roberts up close and personal for...
I hadn't noticed until today this recent lawsuit by the Coalition for Fair Lumber Imports, a U.S. lumber industry lobbying group, challenging the constitutionality of one part of the North American Free Trade Agreement's Chapter 19 dispute resolution system. The complaint challenges a system of binational panels, appointed by the NAFTA secretariat and comprised of U.S., Canadian, and Mexican citizens,...
Or so says secular Neo-Marxist philosopher Jürgen Habermas. In an article by Richard Wolin in this week's issue of the Chronicle of Higher Education, discussed here, Habermas had this to say about the role of religion in the development of human rights: … Habermas asserts that modern notions of equality and fairness are secular distillations of...
International lawyers have long lamented that it is nearly impossible to get courts to apply and enforce treaties, especially to assess damages against government officials. All of this is about to change. A federal appeals court has held that the Vienna Convention on Consular Relations (VCCR) creates a private right of action. I believe this marks the first time...
Lynndie England is headed for jail for her abuse of prisoners at Abu Ghraib. Displaying enlarged photos of the abuse, the prosecution emphasized “What soldier wouldn’t know that that's illegal? …She is enjoying, she is participating, all for her own sick humor." Although England is one of the most infamous of the torturers, the Army reportedly has opened more than...
Fascinating discussion here on whether Saddam Hussein should face the death penalty. The traditional arguments you might expect for and against the death penalty are reframed in the context of the pending trial of Hussein. Which State is urging Iraq to refrain from imposing the death penalty? The United States. Which political leader in Iraq temporarily suspended the death penalty...
Sometimes, the U.S. government seems at odds with all of its allies. The most recent example is the battle over the Convention for the Protection of the Diversity of Cultural Contents and Artistic Expressions sponsored by UNESCO, the U.N. Educational, Scientific and Cultural Organization. U.S. Ambassador to UNESCO Louise Oliver criticizes the draft treaty, and UNESCO in general, for failing...
Peggy, Chris, and I are very pleased to announce that Professor Roger Alford of Pepperdine University will be joining Opinio Juris on a permanent basis. In addition to being a top-notch scholar, Roger was also a guest blogger here over the summer, contributing a number of fascinating posts from India. We are thrilled to have him as a permanent blogger.Welcome...
Professor Eric Posner has a typically provocative piece in the NYT arguing that some kind of political accommodation with the former Baathists in Iraq will have to be made before peace can come to Iraq. This means, as he notes, that while Saddam Hussein and his associates could be convicted of war crimes, the guilt cannot fall on every soldier...
