Interesting story in the NYT about the U.N.'s difficulty in creating a fair and effective system to resolve internal disputes, especially employee disputes. Last July, the U.N. created a new Dispute Tribunal composed of independent judges to remedy a much despised previous system. But the new Tribunal, and the U.N. bureaucracy's unwillingness to cooperate with it, is getting some tough...
According to news reports, Oklahoma voters will consider a proposed amendment to their state constitution this fall that would ban "an local courts from considering Shariah or other international law in their rulings." I have little doubt it will pass, and that (since it is an amendment to the OK Constitution) it is constitutional. But it is really unnecessary and overbroad....
It is worth also considering the views of those critical of the entire ICC effort to the define aggression and bring it within the ICC Statute. Brett Schaefer at Heritage offers this final take, which he calls the U.S. effort a qualified success due to its ability to delay implementation and to insert "understandings" into the ICC Statute. [T]he U.S. was...
Having called her out a few hours ago not knowing she was on her way back from Uganda, I thought I should excerpt Joanna Harrington's final post on the Review Conference, where she offers another great account of the final negotiations. She also offers this final take, which is more positive than Kevin's take: For some, it will undoubtedly seem self-defeating to define...
It looks like the ICC Review Conference has reached consensus on a definition of the "crime of aggression" and the mechanisms governing the ICC Prosecutor's jurisdiction over such a crime. According to the AFP, the new amendment to the Rome Statute provides: [T]hat the UN Security Council will hold primary responsibility for determining whether an act of aggression has occurred. But where...
John Bellinger has a nice op-ed today pointing out that the 112th Congress is on course to set a record for the fewest treaties ratified during a single session of Congress. Despite the presence of 59 Democrats, the Senate has approved only one treaty (a tax agreement with France) during the 112th Congress. The Obama administration must make more vigorous efforts...
The Jerusalem Post reports that the Turkish government, in collaboration with Hamas, is considering applying to the International Court of Justice over the Gaza Flotilla incident. The agreement to work together against Israel reportedly came in a Thursday telephone conversation between Turkey's justice minister, Sadullah Ergin and his Hamas counterpart, Muhammad Faraj Al-Ghoul. As the article points out, it is far from...
I couldn't make it to Kampala for the review conference (not that anyone invited me), but luckily, the magic of the internet means I don't have to go to find out how things are going. For two really different takes on the negotiations, I highly recommend you follow EJIL Talk's ongoing coverage here and Brett D. Schaefer (of the Heritage...
Now that the U.S. military has a CyberCommand, is it time for the U.S. to begin talks on a CyberWarfare Arms Limitation Treaty with Russia and other nations? (CALT?) The new Cyber Command chief says...
The Gaza Flotilla raid has launched an unbelievable amount of public commentary related to public international law because so much of the debate is framed around the legality of Israel's raid, its blockade of Gaza, etc. Some of the discussion has been interesting and useful (see again Kevin's posts on legality of the blockade). But then there is the continuing...
I want to take a moment to salute Kevin for his post on the legality of the Gaza blockade, which has drawn a record 94 comments and thousands of page views. Talk about fostering discussion and debate! Kevin has put his finger on the key legal issue: the legality of the blockade. While the question of whether excessive force was used...
I'm sure that this smashing application by Australia to the ICJ is the proximate reason for the Japanese Prime Minister's sudden resignation today. Behold the power of the World Court litigation! OK, I'm violating my late-night blogging rule (see earlier posts for my dumb brain cramps when I blog at midnight) and getting a little punchy. But it is a...
