Germany has sued Italy before the ICJ challenging successful Italian lawsuits that have denied Germany's sovereign immunity arising out of World War II forced labor claims. The ICJ press release is here. Here is Germany's key argument: “In recent years, Italian judicial bodies have repeatedly disregarded the jurisdictional immunity of Germany as a sovereign State. The critical...
As Ken mentioned yesterday, we are extremely grateful for our readers. Lest we grow too comfortable with our incessant pointed discussions, please feel free to offer us any constructive criticism for how to improve OJ in 2009. We really do want to know if we are barking up the wrong tree. So please fill out the survey below...
Great interview in Newsweek by Rod Nordland of Somali pirate Shamun Indhabur. My favorite quote is the pirate's plea for good government: Why has there been such an increase Somali piracy? In Somalia all the young men are desperate. There is wide unemployment in the country, there are no sources of income. One of the only sources we have had...
The Third Circuit recently had to determine whether a "joint statement" between Germany and the United States regarding Holocaust settlement created a private right of action for alleged violations of Germany to pay interest on the $10 billion DM settlement fund. It presents an interesting question of whether the document should be interpreted to create a private right of...
The Ninth Circuit yesterday rendered its long-awaited decision in Sarei v. Rio Tinto. The case was argued before the Ninth Circuit en banc in October 2007, with the fourteen month deliberations suggesting that the court struggled mightily with its decision. The decision was fractured, but the essential holding by six of the eleven judges was that exhaustion of...
This past Friday I was privileged to host an intimate colloquium at Pepperdine’s Malibu Beach House that brought together a wonderful mix of torts scholars, international law scholars, and practitioners to address the nexus between torts and the Alien Tort Statute. It was an eclectic group, including renown torts experts such as Third Restatement Reporter Michael Green, Anthony Sebok,...
Later today the Berkeley City Council will entertain measures to censor Boalt Hall: Berkeley's City Council will delve into national policy again next week when it votes whether to demand the United States charge Berkeley resident and former Bush adviser John Yoo with war crimes...
Last month the Supreme Court rendered its latest installment on the issue of judicial supervision of national security. Winter v. NRDC has received surprisingly little attention, but it strikes me as an important example of judicial deference to the Executive Branch in military affairs. This language in particular is noteworthy: We “give great deference to the professional judgment of...
That's the interesting argument raised in this cert. petition in Abbott v. Abbott. Although certiorari is warranted based solely on the conflict among the federal courts of appeals, certiorari also should be granted because the Fifth Circuit’s holding conflicts with the interpretation overwhelmingly adopted by the foreign courts that have addressed this issue. In construing the terms of a...
Within the context of our roles as part of a research group at Princeton’s Center for Theological Inquiry, Mary Ellen and I have had many wonderful conversations about natural law as a source for international law. My sense is we both share the view that natural law could be such a source, and we have discussed various instances...
I was in Miami for the weekend speaking at a conference sponsored by the American Bar Association and the International Bar Association on the topic of mass claims in developing countries. Many lawyers in the room were defense counsel for prominent corporations subject to new claims for violations of international or foreign law. There were also plenty of...
Amidst all the global celebration regarding the election of Barack Obama there is stark news that Moscow is emerging as a serious resurgent threat to the United States. Within hours of Obama's election Russian President Dmitry Medvedev ordered the redeployment of missiles on the Polish border. A few United States papers are covering the story, but this report...
