This and other very interesting questions are being discussed over at the Grotian Moments. (By the way, the answer appears to be yes, as long as certain guidelines are followed)....
Canada appears to have lost a round in the never-ending dispute over U.S. duties on softwood lumber. A WTO panel has ruled that U.S. duties do not violate WTO obligations. Canada's view, of course, is that the U.S. duties do violate WTO obligations, in part because they also violate NAFTA obligations. Essentially, the U.S. has consistently lost in...
After a few days of selective leaking drafts of their report to major news outlets, the Special Rapporteurs of the U.N. Commission on Human Rights have finally released their report on the situation in Guantanamo Bay.As I suggested earlier, the report sounds impressive, but it doesn't add a whole lot to the existing debate. It provides no new facts or...
The Washington Post is reporting that the United States is prepared to spend $75 million to promote democracy in Iran. According to the report, "the United States hopes to capitalize on the 'disturbing trend of Iranian diplomacy' since Ahmadinejad's election, including the refusal to continue negotiations on the nuclear program...
Germany's Constitutional Court has invalidated a law that would have permitted the German government to shoot down a hijacked plane if that plane was being used as a weapon endangering other people, like in the September 11 attacks. The Court found that the German law "infringed the right to life and human dignity" guaranteed by the German equivalent of a...
The Australian Broadcasting Corporation is reporting that prosecutors in Saddam Hussein's trial have produced written orders allegedly signed by Saddam ordering the execution of 140 Shiites in Dujail in 1982. If so, the evidence provides the first concrete link between Saddam and the executions; although numerous witnesses have described how Iraqi 's security forces killed the Shiites in "response"...
On a (somewhat) lighter note, France’s Conseil Constitutionnel has struck down a provision in a 2005 law that required history teachers to stress the “positive aspects” of French colonialism. The Council, which was established in 1958 and is responsible for reviewing the consistency of Acts of Parliament with the Constitution, held that the enacting the provision was outside competence...
Norway has agreed to try a suspect accused of participating in the 1994 Rwanda genocide. Norway will try the Rwandan Hutu Michel Bagaragaza in its own courts, accepting a request by the International Criminal Tribunal for Rwanda (the ICTR), to take over for the backlogged court. Bagaragaza, a former tea industry leader, is accused of organizing his employees...
Today we learn that Islamic fundamentalists are burning fast-food restaurants in Pakistan to protest the Danish cartoons. It is hard to ever feel sorry for McDonalds, but I do today. I checked the McDonald's menu for Pakistan, including the "McArabia," and could not find anything that was particularly offensive to the Prophet. I guess it was the cheese Danishes....
Christiana Ochoa of Indiana Law School has just published in the University of Cincinnati Law Review an interesting article entitled, Towards a Cosmopolitian Vision of International Law. The article and an abstract is available on SSRN here. The article addresses Sosa and the role of the judiciary in establishing customary international law.But it is Part VI that really...
Given how unpopular the UN seems to be these days in the US, the results of a recent CNN/USA Today/Gallup poll question about Iran are rather surprising (courtesy of Think Progress):How confident are you in the Bush administration’s ability to handle the situation in Iran? Very or Somewhat Likely: 45% Not Too Confident or Not At All Confident: 55% How...
Though the news is a couple of weeks old, it’s worth calling attention to a unanimous decision by the European Court of Human Rights Court that the Russian Federation violated the European Convention on Human Rights by allowing local police to torture a Russian citizen, Aleksey Mikheyev, and by subsequently failing to adequately investigate his allegations of mistreatment. The...
