International Law Blog Postings
Archives for: October 2009, 26
California Supreme Court Hears Death Penalty Appeals Based on International Law
Two weeks ago, the California Supreme Court heard oral arguments in a death penalty appeal. The defendant's legal arguments included, in part, that the death sentence must be vacated because the death penalty violates international law and that international law is binding on the California state court. Specifically, the defendant contends that the California death penalty statute violates the International Covenant on Civil and Political Rights (ICCPR) and evolving global norms against capital punishment. The Court has not yet ruled on the case and will be hearing similar legal arguments in another death penalty appeal before the Court on November 4, 2009. Should international human rights instruments and customary international law influence the Court's analysis of the death penalty statute, the defendant's due process rights, and what constitutes "cruel and unusual" punishment?
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Legal News Headlines
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.
