From the AP account of the Kagan confirmation hearing of the now presumably de rigueur question of candidates … foreign law and interpretation of the US constitution. Supreme Court nominee Elena Kagan says foreign law could be useful “for getting good ideas” when interpreting the Constitution but that justices should not feel bound by it … international law can […]
Archive | International Law
The Politics of Zombies
By Ilya Somin on June 22, 2010 8:56 pm in International Law, Libertarianism, Science Fiction/Fantasy
Political scientist Dan Drezner has an interesting essay in Foreign Policy magazine that explores how different international relations theories would cope with an invasion of zombies. It’s based on his forthcoming book Theories of International Politics and Zombies, scheduled to be published by the Princeton University Press. Drezner analyzes the possible responses to a zombie […]
Naval War College International Law Conference and Bleg for French Translation
I’m on radio silence, as I’m at the Naval War College conference on international law, which is where all the cool people are this week. I was last on radio silence finishing up my short policy manuscript on UN-US relations. I’m not sure I’d describe it as “done,” but the editors took it away from me, […]
My Only World Cup Post – Stolen from Chris Borgen at Opinio Juris …
… and dedicated to Tod Lindberg and his daughter Abbey. Tod is editor of Hoover’s Policy Review and a foreign affairs guru and both Lindbergs are soccer fanatics. I, on the other hand, can only say – further to the very interesting discussion from Ilya, et al. – that I know as little about soccer […]
Excellent Review of Todd Zywicki’s and Max Stearns New Book on Public Choice and the Law
By Ilya Somin on June 16, 2010 2:37 pm in Growth of Government, International Human Rights Law, International Law, Public Choice
University of Florida lawprof D. Daniel Sokol has published a very good (and extremely favorable) review of co-conspirator Todd Zywicki’s important recent book Public Choice Concepts and Applications in Law (coauthored with Maxwell Stearns), in the Michigan Law Review. Danny writes that the book is “likely to be recognized as the leading work on the […]
How to Be a Hegemon
(And thanks Glenn for the Instalanche!) I’ve been very light on the blogging of late, as I have to turn in my short book manuscript on US-UN relations on Sunday. The following probably won’t make the final edit as a footnote, but I thought I’d preserve it here: One of the great ironies of multilateralism […]
My House Testimony in “Drones II”
By Kenneth Anderson on June 3, 2010 12:37 pm in Counter-Terrorism Policy, International Human Rights Law, International Law, Targeted Killing, War and Armed Conflict, War on Terror
As Professor Philip Alston’s report as special rapporteur to the UN Human Rights Council on targeted killings, drones, CIA and military, and related issues is released today, I’ve been asked by numerous people to comment on it. I’ve read it once, but need to finish re-reading it before I’m ready to say anything that goes […]
Drone Warfare, the CIA, and Charlie Savage’s NYT Article
By Kenneth Anderson on May 28, 2010 6:42 pm in Counter-Terrorism Policy, International Law, Targeted Killing, War and Armed Conflict, War on Terror
Charlie Savage reports in the NYT today that Philip Alston, the UN special rapporteur on extrajudicial execution, will be coming out with a new report next week calling on the US government to withdraw the CIA from conducting drone strikes and giving it over to the US military instead. The article has an extended and […]
Justice Sotomayor, Graham, and International Law
By Jonathan H. Adler on May 22, 2010 10:28 am in International Law, Judicial Nominations, Supreme Court
At her confirmation hearing, Justice Sonia Sotomayor appeared to renounce any reliance on the use of foreign or international law in constitutional decisions, walking back from prior statements. In response to a question from Senator Schumer, she said: “American law does not permit the use of foreign law or international law to interpret the Constitution.” […]
President Calderon’s claim about “assault weapons”
Examined in this blog post by my Heritage Foundation co-author Ted Bromund. Our Background about the CIFTA gun control convention, which President Obama has urged Congress to ratify as a favor to Mexico, is here.
The OAS Firearms Convention Is Incompatible with American Liberties
By David Kopel on May 19, 2010 12:47 pm in Freedom of Speech, Guns, International Law, Registration, Regulation
Just published on-line this morning is the above Backgrounder from the Heritage Foundation. My coauthors are Theodore Bromund and Ray Walser, of Heritage. We argue that the CIFTA gun control convention, which was drafted by the Organization of American States, and which President Obama has urged the Senate to ratify, would harm First and Second […]
Taking the Yglesias Challenge on Human Rights Watch
Matthew Yglesias writes of Benjamin Birnbaum’s piece on HRW in The New Republic: What I had in mind is that I don’t see what there is to rebut in the piece. As we’ve known for a while, some folks don’t like it that Human Rights Watch criticizes Israel. Some of those people aired their grievances […]
The Palestinian Authority and the ICC
My Opinio Juris co-blogger, Julian Ku, has posted up a note on submissions recently made to the International Criminal Court prosecutor’s office on the question of ICC jurisdiction: Last year, the Palestinian National Authority filed a declaration accepting the jurisdiction of the International Criminal Court. This declaration is controversial, to say the least, because it […]
Mayor Daley and other Mayors: Seek “redress against the gun industry” in the World Court
April 27 was the tenth annual “Richard J. Daley Global Cities Forum,” held in Chicago. Over a hundred mayors and other local government leaders assembled to discuss global issues. As reported in the Chicago Sun-Times, “Daley convinced more than a dozen of his counterparts from around the world to approve a resolution urging ‘redress against […]
An Eminently Sound Approach to (Supposed) International Human Rights Norms, from the Ninth Circuit
From Serra v. Lapin (9th Cir. Apr. 9, 2010) (Clifton, J., joined by Kozinski, C.J., and Wallace, J.) (some paragraph breaks added): Current and former federal prisoners allege that the low wages they were paid for work performed in prison violated their rights under the Fifth Amendment and various sources of international law…. Plaintiffs earned […]