International Law Blog Postings
Archives for: March 2007, 06
150th Anniversary of the U.S. Supreme Court Case Dredd Scott
One hundred fifty years ago today, on March 6, 1857, the U.S. Supreme Court held in the Dredd Scott decision that slaves "imported into this country" were not U.S. citizens and thus could not claim the rights and privileges of citizenship, including access to justice through the courts. The decision denied Scott, as well all African-American slaves and their descendants, the legal means to challenge their status as slaves and to request their freedom. The Dredd Scott decision, officially known as Scott v. Stanford, also struck down the Missouri Compromise Act of March 6, 1820, which barred slavery in the former Louisiana Territory. The Supreme Court declared the Act unconstitutional because the federal legislature could not prohibit the right of citizens to their "property" without due process of law. Today, the prohibition of slavery is regarded universally as a preemptory norm of international law, known as jus cogens, and is codified in article 7(1)(c) of the Rome Statute of the International Criminal Court (ICC) as an example of a "crime against humanity" intolerable to the international community.
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Return of the StateThis article is the extended address by José E. Alvarez, the Herbert and Rose Rubin Professor of International Law at New York University School of Law, at the University of Minnesota Law School's conference on "International Economic Law in a Time of Change." Alvarez relects upon and rebuts a collection of papers on supra-nationalism presented at the conference. He argues that states, as sovereign entities, are making a comeback. The full-text is available online for free.
Whither Justice? Uganda and Five Years of the International Criminal Court Michael Drexler argues that the International Criminal Court is pursuing an inappropriate engagement strategy in Uganda by ignoring the impacts of criminal prosecution and investigation on the prospects for peace to the country's decades-long conflict. It is published by the peer-reviewed Interdisciplinary Journal of Human Rights Law (IJHRL) and is available online for free.


