As regular readers of this blog might have noticed, I have become more and more interested China and its engagement with international law issues. Last year, I proposed to the ASIL Planning Committee that we put together a panel of leading U.S. China law scholars. But the ASIL organizers pushed back and put together a much more diverse group than...
The U.N. General Assembly has voted in favor of the Arms Trade Treaty, which would do what exactly? Its proponents say it will create an international mechanism to regulate the international sale of arms and other weapons. Its critics say it will infringe on the individual rights of citizens and nations to buy and possess weapons by requiring member states...
I was struck by this line from an editorial in an Australian paper about the latest clashes between Sea Shepherd (e.g. the Ninth Circuit's "pirates") and Japanese whalers: [T]hat the International Court of Justice is expected to hear Australia's case to shut down the Antarctic hunt later this year. Three years after the case began, this hearing can't come soon enough. I agree....
A depressingly large number of U.S. media outlets are covering the Italian Supreme Court's decision to order a new trial in the case against Amanda Knox, the American exchange student charged with murdering her British roommate in Italy. Knox was convicted in trial court, but that conviction was overturned on appeal. I say depressing because this is hardly the most significant...
Just in case there was any doubt, the Philippines-China arbitration over the South China Sea will go forward. International Tribunal of the Law of the Sea President Shunji Yanai has appointed a second arbitrator. The [Philippines] Department of Foreign Affairs (DFA) confirmed on Monday that the Itlos president, Judge Shunji Yanai, appointed Polish Itlos Judge Stanislaw Pawlak to the panel last...
I have been remiss in not pointing interested readers to Anna Gelpern's terrific posts on the ongoing NML v. Argentina sovereign debt litigation that is going on here in New York. I want to highlight in particular her incredibly useful and interesting account of the scene last week when the U.S. Court of Appeals for the Second Circuit heard...
Dan Blumenthal of AEI has a thoughtful piece in Foreign Policy on different tactics the U.S. could take to "win a cyberwar" with China. I think it is more about how the U.S. should "fight" the cyberwar with China and other governments that are going to use cyber-attacks against US companies and government entities. Still, what caught my eye are...
As part of my new research interest in China and its relationship with the international legal system, I opened a Sina Weibo account a couple of weeks ago. And it has been quite an adventure. Weibo is China's version of Twitter and Facebook. Since both Twitter and Facebook are blocked within China, Weibo is the main social media platform for users...
In a tartly worded opinion, the U.S. Court of Appeals for the Ninth Circuit has reversed a lower court and granted a group representing Japanese whalers a preliminary injunction against the protest activities of Sea Shepherd. Here is Judge Alex Kozinski's instantly quotable opening to the opinion: You don't need a peg leg or an eye patch. When you ram ships;...
Some leading Chinese scholars and prominent Chinese activists have been circulating a letter on Chinese social media calling for the National People's Congress (China's legislature) to ratify the International Covenant on Civil and Political Rights (ICCPR). Here is an excerpt from the letter, which is carefully worded not to challenge the authority or the accomplishments of the current government. 2....
As this Voice of America report notes, the Philippine government is determined to forge ahead with its UNCLOS arbitration, even though China is refusing to participate in the arbitration. This seems to be a sensible strategy, at least from a legal point of view, because it is plainly within its legal rights to do so. But would a one-party arbitration be...
