Weekend Roundup: May 5-11, 2012

by An Hertogen

This week on Opinio Juris, Kevin Jon Heller posted on Khalid Sheikh Mohammed’s refusal to participate in his Military Commission trial, on the censored time-delayed video and audio feed from the trial and on the irony of an op-ed complaining about “false information about the detention” in the media coverage. Deborah Pearlstein addressed the question whether things might have gone differently had a regular criminal court been the forum for this trial.

Kevin also wrote about moves by the Office of Public Counsel for the Defence to disqualify Prosecutor Moreno-Ocampo from the Saif case and posted about a new law passed by Libya’s National Transitional Council (NTC) granting blanket amnesty to pro-revolution rebels. The (aspiring) Law Professors or Law PhDs/JSDs amongst our readers will undoubtedly be interested in Kevin’s post on Doctors, Professors and (North) American exceptionalism.

The ongoing tensions around the Scarborough Shoal in the South China Sea were often featured in this week’s news wraps. Julian Ku analysed what the US’ reaffirmation of its 1951 Mutual Defense Treaty with the Philippines entails. He argued that the treaty’s obligations for the US may not be merely theoretical, following escalating Chinese rhetoric. Julian also explained why he does not find the arguments for and against the US joining the UN Convention on the Law of Sea compelling. He also posted a critique on the US Agency for International Development‘s efficiency.

Roger Alford posted an exchange of views on sovereignty in the age of globalization between John Yoo, John Cerone and himself over at the Liberty Forum. Roger also asked when an arbitral panel qualifies as an international tribunal for the purposes of Section 1782, the statute that authorizes US federal courts to order discovery in aid of proceedings before foreign courts and international tribunals.

Peter Spiro argued that his fourth grader learning about the Convention on the Right of the Child means that international law must be getting some traction… at least at “a lefty Quaker school in the Northeast”. He also discussed how dual citizenship is a fact of life in globalization, prompted by Michelle Bachmann’s recent acquisition, and subsequent renouncing, of Swiss citizenship. American citizens abroad are however increasingly renouncing their US citizenship to avoid the administrative burden and penalties under the Foreign Account Tax Compliance Act which taxes US citizens, even if they do not reside in the US.

Duncan Hollis was puzzled by a disclaimer on the UNIDROIT’s website prohibiting the unauthorised reproduction of treaties.

In a guest post, Doug Cassel described the different hurdles that Venezuela would have to clear if it decides to withdraw from the Inter-American Commission on Human Rights, and the influence it would have on other states.

Finally, we brought you an overview of upcoming events and calls for papers.

Have a nice weekend!

http://opiniojuris.org/2012/05/12/weekend-roundup-may-5-11-2012/

Comments are closed.