My prediction is that even without embracing a strong hegemon-in-decline thesis, the fact of rising and assertive new great powers, such as China, will cause judges to take more seriously the prudential language of the Supreme Court’s Sosa opinion, and to conclude that it is better to let the political branches decide how much to push human rights norms and in what ways. If at all – regular and faithful readers know my general view that much of what is taken as universal human rights shelters in actual fact under the umbrella of US hegemony, and the decline of hegemony will undermine a great many of those “universal” claims.
Michael D. Goldhaber on Royal Dutch Shell’s newest Nigerian headache, this time in a U.K. court:
Now comes the “Bodo” case, which emerged from obscurity three weeks ago. On Aug. 3, four months after farmers and fishermen from the village of Bodo filed a common law complaint in London high court, Shell’s Nigerian subsidiary admitted liability for a pair of oil spills in return for the parent company’s dismissal from the suit.
Dan Ward on Cisco’s “Great Firewall of China” litigation.