In association with the International Commission of Jurists

Author: Julian Ku

20 Dec

Peter Rutledge, a lawprof at Catholic University Law School and a sometime correspondent to Opinio Juris on subjects like the NAFTA Chapter 19 litigation, has, together with Gary Born of Wilmer Hale, recently published the fourth edition of a treatise on International Civil Litigation in the United States. This topic, always a complicated one, is now an enormous...

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18 Dec

Does the fate of the Doha Round negotiations keep you up at night? Are you worried about the future of global free trade? Well, this online chat with WTO Director General Pascal Lamy is going is for you. Lamy will be chatting with.. pretty much anyone in the world who signs up (that is to say, the first 500 folks...

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13 Dec

The D.C. Circuit Court of Appeals has dismissed the lawsuit challenging the constitutionality of NAFTA Chapter 19 Panels on jurisdictional grounds. As we discussed earlier on this blog, the Coalition for Fair Lumber, a U.S. lumber trade group, had challenged NAFTA's system using "binational panels" to replace U.S. federal courts in the review of U.S. government anti-dumping and countervailing duty...

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11 Dec

As Roger mentioned, a number of us are hanging out today in San Diego. Professor Peter Krug of University of Oklahoma has presented an intriguing paper on domestic court treatment of international court decisions. The U.S. Supreme Court applied a "respectful consideration" standard to disregard the decision of the International Court of Justice in Sanchez-Llamas back in June....

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11 Dec

I'm sure Kevin will have more to say about this, but it is worth noting that Augusto Pinochet, former Chilean dictator and the target of many international prosecution efforts for his actions as Chilean dictator, passed away yesterday. Pinochet may indeed face punishment for his crimes, but it won't be at the hands of international or domestic courts. ...

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08 Dec

As readers of this blog may know, I was not a huge fan of the Supreme Court's 2006 decision in Hamdan v. Rumsfeld and I more or less welcomed Congress' decision to reverse much of the result of that decision in the Military Commissions Act of 2006. But the Hamdan decision could still retain larger significance despite Congress' action....

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06 Dec

Having enjoyed my experience flying on a variety of foreign airlines, I for one would welcome increased foreign investment and competition in the still-struggling, always annoying U.S. airline industry. Yesterday, the U.S. Transportation Department took a large step back from its earlier efforts to globalize the U.S. airline industry by withdrawing a proposed rule that would have allowed some...

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05 Dec

The U.S. space agency NASA announced plans yesterday to establish a permanent base on the moon by 2020. Other than its enormous cost, this seems sufficiently remote in time as to cause little international reaction. Unlike the new island Duncan noted last week, no nation has yet claimed sovereignty over the Moon as a whole under traditional principles...

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04 Dec

This really seals it. John Bolton's controversial tenure as U.N. Ambassador is over. I still don't understand why Bolton was so loved by conservatives or so reviled by liberals. He didn't accomplish much that deserves conservative support nor did he do anything that explains the liberal vitriol directed against him. Nor is his position as U.N. Ambassador,...

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