Harold Hongju Koh Yale Law School P.O
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Setting the World Right
HAROLD HONGJU KOH Setting the World Right A B ST R ACT. Five years after September 11, 2001, America's response to that traumatic day has effectively turned the world of American public law upside down. Claiming that a global war on terror calls for an entirely new legal paradigm, the Bush Administration and its supporters have pressed for a revamped constitutional and international vision that champions the supremacy of both executive and American unilateralism. Recently, executive power advocates have even begun to claim that in a crisis, executive action validates itself. This Essay reviews this cycle of history and argument and describes what impels executive power in this direction. The Essay argues that the United States Supreme Court's landmark opinion in Hamdan v. Rumsfeld has begun setting the world of public law right and explains how Hamdan undermines scholarly claims of those who still urge the need for enhanced executive authority in national security affairs. AUTHOR. Dean and Gerard C. & Bernice Latrobe Smith Professor of International Law, Yale Law School; Assistant Secretary of State for Democracy, Human Rights, and Labor, 1998-2ool. This Essay derives from remarks delivered at The Yale Law Journal's20o6 Symposium on Executive Power; the 2006 Annual Meeting of the American Law Institute; and the Yale Law School American Constitution Society 2005 Conference on "The Constitution in 2020"; and my remarks before the Senate Judiciary Committee on July 11, 2006. I should disclose that I served as Counsel of Record for Amici Curiae Madeleine K. Albright and 21 Former Senior U.S. Diplomats in Support of Petitioner Salim Ahmed Hamdan in Hamdan v. -
What's in a Name? Transnational Corporations As Bystanders Under International Law
St. John's Law Review Volume 85 Number 1 Volume 85, Winter 2011, Number 1 Article 1 What's in a Name? Transnational Corporations as Bystanders Under International Law Jena Martin Amerson Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. CP_Amerson (Do Not Delete) 7/14/2011 4:06 PM ARTICLES WHAT’S IN A NAME? TRANSNATIONAL CORPORATIONS AS BYSTANDERS UNDER INTERNATIONAL LAW JENA MARTIN AMERSON† INTRODUCTION “You said we were Namers. I still don’t know: what is a Namer?” “I’ve told you. A Namer has to know who people are, and who they are meant to be.”1 The concept of naming is a powerful one. By naming a thing, the namer provides it with a sense of belonging, a characterization. By giving something that had previously been unidentified a name, the namer immediately imbues it with a set of characteristics. The name has powerful connotations: It can provide people with instant recognition based on a shared understanding. But there is also a danger in the act. If, instead of naming, the would-be namer labels—that is, imbues it with a quickly formulated, thoughtless identifier—then it does not provide people with a sound understanding of the thing, be it person or concept, that the labeler is trying to contextualize. -
The Demobilization of the Ogoni Protest Campaign in the Niger Delta Tijen Demirel-Pegg Scott Pe
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by IUPUIScholarWorks Razed, repressed and bought off: The demobilization of the Ogoni protest campaign in the Niger Delta Tijen Demirel-Pegg Scott Pegg Indiana University-Purdue University Indianapolis Abstract: This study examines the demobilization of the Ogoni protest campaign in the oil producing Niger Delta region of Nigeria in the mid-1990s. The contentious politics literature suggest that protest campaigns demobilize as a consequence of the polarization between radical and moderate protesters. In this study, we offer a different causal mechanism and argue that protest campaigns can demobilize before such indiscriminate repression. Moreover, states can prevent the subsequent radicalization of a protest campaign followed by harsh repression by coopting the radicals and the remaining moderate elites while continuing to use repression to prevent collective action. Our conclusion assesses how relations between extractive industry firms and their local host communities have or have not changed in the twenty years since the hanging of Ken Saro-Wiwa in 1995. Published in Extractive Industries and Society This is the authors’ manuscript of the article published in final edited form at: Demirel-Pegg, Tijen, and Scott Pegg (2015), “Razed, Repressed, and Bought Off: The Demobilization of the Ogoni Protest Campaign in the Niger Delta,” in Extractive Industries and Society, Vol.2, pp. 654-663. http://www.sciencedirect.com/science/article/pii/S2214790X15001343 Introduction On January 4, 1993, around 300,000 Ogoni people in Rivers State, Nigeria peacefully protested against the environmental devastation of their land caused by the Shell Petroleum Development Company of Nigeria (SPDC), the Nigerian subsidiary of Royal Dutch/Shell (hereafter, Shell). -
United States District Court Southern District of New York ------X
Case 1:96-cv-08386-KMW-HBP Document 199 Filed 09/12/2006 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------X KEN WIWA, et al., : Plaintifs, : -against- : 96 Civ. 8386 (KMW)(HBP) ROYAL DUTCH PETROLEUM COMPANY; : SHELL TRANSPORT AND TRADING COMPANY, p.l.c., : Defendants. : -----------------------------------X KEN WIWA, et al., : Plaintiffs, : -against- : 01 Civ. 1909 (KMW)(HBP) BRIAN ANDERSON, : MEMORANDUM OPINION AND ORDER Defendant. : -----------------------------------X PITMAN, United States Magistrate Judge: I. Introduction By notice of motion dated April 2, 2004 (Docket Item 131) defendants seek an Order pursuant to Rules 26(g) and 37(b)(2)(B) of the Federal Rules of Civil Procedure striking plaintiffs' interrogatory answers in their entirety and preclud- ing plainitffs from identifying any new individuals that purport to have personal knowledge of the allegations that are the subject matter of defendants' interrogatories. Plaintiffs oppose Case 1:96-cv-08386-KMW-HBP Document 199 Filed 09/12/2006 Page 2 of 21 the motion and seek an award of their attorney's fees pursuant to Fed.R.Civ.P. 37(a)(4)(B). For the reasons set forth below, defendants' motion is denied in all respects and plaintiffs' application for attorney's fees is granted. II. Facts A. Alleged Facts Underlying These Actions This action arises out of alleged human rights viola- tions in Nigeria during the period from 1990 through 1995. As set forth in the pending complaints, plaintiffs and their decedents were active in protesting oil exploration and development activity by defendants in the Ogoni region of Nige- ria; according to plaintiffs, these activities have had pro- foundly damaging ecological effects in the region (Second Amended Complaint 01 Civ. -
In Girton Varsity Exclusively Reveals Allegations of Student Attack During the Early Hours of March 17Th
GENERAL ELECTION 2005 - Varsity meets all your parliamentary candidates -PAGES 4 & 5 - Your Vote: Comment & Analysis -PAGES 5, 10, 18 - Howard Flight, Tessa Jowell & Lord McNally -PAGES 4 & 5 No. 619 The Independent Cambridge Student Newspaper since 1947 Friday April 29, 2005 Six undergraduates arrested over “serious sexual assault” in Girton Varsity exclusively reveals allegations of student attack during the early hours of March 17th Varsity News Reporter end-of-term bop with the title morning of the 17th and have crime scene. been careful to keep the inci- tioned by the police. They of “Rumble in the Jungle”, now been released on bail. The incident is alleged to dent discreet. No announce- have since been released on organised on March 16th by The individuals accused have occured during the early ment of the event has yet been bail pending further question- POLICE OFFICERS are the Girton College JCR. were seen returning to Girton hours in central Girton made to Girton students. ing at a later date.” investigating a report of a very Varsity has chosen not to dis- during the early hours of the College accommodation. Cambridge University Press The six male individuals serious sexual assault alleged close the names of the under- 17th wearing police overalls, Neighbouring students were Office confirmed that have been bailed to return to to have taken place in Girton graduate victim or those of his creating speculation that their particularly shocked at the “Cambridgeshire police were Parkside Police Station on College during the early hours six alleged male attackers. clothes had been confiscated fact that the event is said to called to an alleged incident at Thursday May 5th. -
Presidential Power to Terminate International Agreements Harold Hongju Koh Abstract
THE YALE LAW JOURNAL FORUM N OVEMBER 12, 2018 Presidential Power to Terminate International Agreements Harold Hongju Koh abstract. Could President Trump unilaterally remove the United States tomorrow from all of the thousands of international agreements to which the United States is currently a party? Com- mon sense would suggest no, but the conventional wisdom among legal academics has leaned the other way. This Essay argues that the conventional wisdom is wrong: the Constitution affords the President no general unilateral power to terminate or withdraw from any international agreement, without regard to its subject matter. Neither historical practice nor Supreme Court precedent dic- tates that conclusion, nor does the Court’s misunderstood nonjusticiability holding forty years ago in Goldwater v. Carter. Constitutional, functional, and comparative-law considerations all cut the other way. Instead of a blanket unilateral power of presidential termination, this Essay suggests that the Constitution requires a “mirror principle,” whereby the degree of legislative approval needed to exit an international agreement must parallel the degree of legislative approval originally required to enter it. Such a mirror principle makes the degree of legislative approval required to enter or exit any particular agreement “substance dependent,” turning on which branch of gov- ernment has substantive constitutional prerogatives to make law in any particular area of foreign policy. The Essay concludes by suggesting better foreign policy mechanisms, more reflective of modern realities, to guide America’s process of agreement unmaking in the future. introduction Could Donald Trump unilaterally withdraw the United States from the United Nations, the International Monetary Fund, the World Bank, and other major longstanding treaties and international organizations? These scenarios are neither unforeseeable nor hypothetical. -
History of the U.S. Attorneys
Bicentennial Celebration of the United States Attorneys 1789 - 1989 "The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor– indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one." QUOTED FROM STATEMENT OF MR. JUSTICE SUTHERLAND, BERGER V. UNITED STATES, 295 U. S. 88 (1935) Note: The information in this document was compiled from historical records maintained by the Offices of the United States Attorneys and by the Department of Justice. Every effort has been made to prepare accurate information. In some instances, this document mentions officials without the “United States Attorney” title, who nevertheless served under federal appointment to enforce the laws of the United States in federal territories prior to statehood and the creation of a federal judicial district. INTRODUCTION In this, the Bicentennial Year of the United States Constitution, the people of America find cause to celebrate the principles formulated at the inception of the nation Alexis de Tocqueville called, “The Great Experiment.” The experiment has worked, and the survival of the Constitution is proof of that. -
Framing Environmental Justice: from American to Global Perspectives
Framing Environmental Justice: From American to Global Perspectives By Ali Brox Submitted to the graduate degree program English and the Graduate Faculty of the University of Kansas in partial fulfillment of the requirements for the degree of Doctor of Philosophy. ________________________________ Chairperson Byron Caminero-Santangelo ________________________________ Lawrence Buell ________________________________ Giselle Anatol ________________________________ Paul Outka ________________________________ Paul Stock Date Defended: July 3, 2013 ii The Dissertation Committee for Ali Brox certifies that this is the approved version of the following dissertation: Framing Environmental Justice: From American to Global Perspectives ________________________________ Chairperson Byron Caminero-Santangelo Date approved: July 3, 2013 iii Abstract This dissertation contests the idea that environmental justice discourse emerges solely from the United States. It creates dialogue between texts that represent a traditional American environmental justice frame and those that depict situations of environmental injustice outside of U.S. borders. It identifies eight coordinates that are crucial components of what can be considered environmental justice discourse. These characteristics become a rubric for establishing a traveling theory of environmental justice and include: issues of scale, types of knowledge and the institutions that produce it, anthropocentric and ecocentric perspectives, realist and constructivist representations, individual and societal responsibilities, identity constructions like race and class, particularist and totalizing representations, and genre considerations. Analysis of Spike Lee’s When the Levees Broke, Ken Saro-Wiwa’s A Month and a Day, Indra Sinha’s Animal’s People, and Amitav Ghosh’s The Hungry Tide reveals that certain coordinates that comprise environmental justice discourse are more fraught than others. I focus on the role of the American activist as reader or character in the texts and how the authors emphasize the coordinates to varying degrees. -
Attorney General's Task Force on Violent Crime
If you have issues viewing or accessing this file contact us at NCJRS.gov. ·-"t-·~\ ,0 li 1f' 1.;. National Criminal Justice Reference Service (",.~ ,.-_ >_J \ ~ncJ,rs-----i:il'~'~ u.s. Department of Justice t 1 : j !. :I .J j This microfiche was produced from documents received for inclusion in the NCJRS data base, Since NCJRS cannot exercise control over the physical condition of the documents submitted, the individual frame quality will vary, The resolution chart on Attorney General's this frame may be used to evaluate the document quality, Task Force on Violent Crime 2 5 :; 111112.8 . 11111 . 1.0 3 2 I~ Illil . I . \ W < ,0 w n~~ ~ Final Report :i I~ ... ~ 1.1 1.i.IL:.~ I August 17, 1981 , ) 111111.25 111111.4 111111.6 i I' MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS-1963-A ~l , r~' "~ ~.,. , .. ',",' '~, Microfilming' proc~d~~e~ used to create this fiche comply with . the standards set forth in 41CFR 101-11.504. Points of view or opinions stated in this document are those of the author(s) and do not represent the official , I .DATE FILMED! position or policies of the U. S. Department of Justice. ~. ". ~':I.....:-.~:y~:-:"" ""'-...c~-~ '."" ___""" b'""' "~' . (;F J~... .' . .. .. -.:-- ! TNati~nal i~stitut~-orJustice .. .. :lA.:· ~ . 12/01/811 .' t··· .. -, ,. .. ,. ,. ---.. -.-.~. --'-'--~ .~.~ ....~.. I , i l}nited States Department of Justice Washington, D. C. 20531 g L ..... .. i 1 I I , i~' " J ..... 1·.. " .~_)... ... r / / .. ' ...... r U.S. Department of Justice : Attorney General's Task Force on Violent Crime Final Report Task Force Members: GRIFFIN B. -
A Blessing in Disguise? Ghana's Potential to Overcome Nigeria's 'Oil Curse' and Develop a Successful Model for Oil Production Within a Human Rights Framework
Trinity College Trinity College Digital Repository Senior Theses and Projects Student Scholarship Spring 2012 A Blessing in Disguise? Ghana's Potential to Overcome Nigeria's 'Oil Curse' and Develop a Successful Model for Oil Production Within a Human Rights Framework Samantha N. Kerr Trinity College, [email protected] Follow this and additional works at: https://digitalrepository.trincoll.edu/theses Part of the International Relations Commons Recommended Citation Kerr, Samantha N., "A Blessing in Disguise? Ghana's Potential to Overcome Nigeria's 'Oil Curse' and Develop a Successful Model for Oil Production Within a Human Rights Framework". Senior Theses, Trinity College, Hartford, CT 2012. Trinity College Digital Repository, https://digitalrepository.trincoll.edu/theses/186 A Blessing in Disguise? Ghana’s Potential to Overcome Nigeria’s ‘Oil Curse’ and Develop a Successful Model for Oil Production Within a Human Rights Framework Samantha Nichols Kerr Submitted to the International Studies Program, Trinity College Supervised by Professor Seth Markle May 2012 ii ABSTRACT Although Africa possesses rich natural resources, the Afro-pessimistic conception that African countries cannot manage their resources remains widespread. This research project provides a comparative analysis between the political and economic histories of Ghana and Nigeria following independence. In addition to focusing on these countries’ post-independent histories, this thesis examines the Movement for the Survival of the Ogoni People (MOSOP) of the early 1990s in Nigeria as an effective civil society organization that vocalized the Nigerian government and Shell Petroleum Corporation’ corruption in the oil industry. Additionally, this research project explores Ghana’s potential to overcome Nigeria’s “negative” experience with oil due to its relatively stable democracy, diversified and liberalized economy, mutually beneficial relationship with multinational corporations, ability to look to other models of oil production, and vibrant civil society. -
Statement of Dean Harold Hongju
Statement of Harold Hongju Koh Dean and Gerard C. and Bernice Latrobe Smith Professor of International Law Yale Law School before the Senate Judiciary Committee regarding The Nomination of the Honorable Alberto R. Gonzales as Attorney General of the United States January 7, 2005 Thank you, Mr. Chairman and Members of the Committee, for inviting me today. I am the Dean and Gerard C. & Bernice Latrobe Smith Professor of International Law at Yale Law School, where I have taught since 1985 in the areas of international law, the law of U.S. foreign relations, and international human rights.1 I have twice served in the United States government: during the Reagan Administration between 1983-85, as an Attorney-Adviser at the Office of Legal Counsel of the U.S. Department of Justice, and during the Clinton Administration between 1998-2001, as Assistant Secretary of State for Democracy, Human Rights and Labor. I do not appear today to advise you on how to vote regarding this nomination. Your decision as to whether this candidate deserves confirmation as Attorney General ultimately turns on many factors about which you Senators are more expert than I. Your decision may also involve qualifications and positions of Mr. Gonzales that I have neither reviewed nor researched. I appear today solely to comment upon Mr. Gonzales’ positions regarding three issues on which I have both legal expertise and government experience: the illegality of torture and cruel, inhuman and degrading treatment, the scope of the President’s constitutional powers to authorize torture and cruel treatment by U.S. -
Practicing International Law in the Obama Administration
Essay Practicing International Law in the Obama Administration Harold Hongju Koh † & Aaron Zelinsky †† I. INTRODUCTION Over the past half-century, the Office of the Legal Adviser in the U.S. Department of State has grown significantly in size and scope. During that time, a handful of articles have described the work of the Legal Adviser. 1 This Essay builds upon those accounts by describing the role of the Legal Adviser in the still-young Obama Administration. The United States currently faces a defining moment for its relationship with international law, as we stand at the cusp of what President Obama has called a “new era of engagement.” 2 The defining image of this new world is not a world divided by a Berlin Wall, but a globe connected by the World Wide Web. As America resumes its leadership role on the world stage, renewed respect for international law and institutions will be crucial to achieving our goals of peace, justice, and prosperity. In this new era, the † The Legal Adviser, U.S. Department of State; Martin R. Flug ’55 Professor of International Law, Yale Law School (on leave). All views expressed herein are solely those of the authors and not necessarily those of the United States, the Office of the Legal Adviser, or the Department of State. †† Yale Law School, Class of 2010; summer intern, Office of the Legal Adviser, 2009. 1. See, e.g. , Richard B. Bilder, The Office of the Legal Adviser: The State Department Lawyer and Foreign Affairs , 56 AM. J. INT ’L L. 633 (1962); Ashley Deeks, Inside “L”: Some Thoughts on the Office of the Legal Adviser , 2 CHI .