The Fifth Circuit earlier this month issued a highly unusual decision addressing whether state law could "reverse preempt" the New York Convention. As any student of international arbitration knows, state law occasionally attempts to limit the enforceability of arbitration agreements. Such a policy is preempted by the New York Convention as implemented by the Federal Arbitration Act. ...
I’d like to thank the folks at Opinio Juris for inviting me to reflect on the emerging body of rules addressing the responsibility of international organizations. My post will address the question of attribution and will continue Kristen Boone’s prior discussion of particularly controversial aspects of IO responsibility. The question of whether internationally wrongful acts are attributable to an international...
[caption id="attachment_10567" align="alignright" width="150" caption=" "][/caption] I'm fascinated by the mini-kerfuffle (on the Right at least) over President Obama's propensity to bow when meeting foreign heads of state who are also royalty (see his super-bow to the Emperor of Japan to the right). In the old days, this type of stuff was really important. Students of Chinese history may recall that one...
The following is a guest post by Lt. Col. Chris Jenks, the Chief of the International Law Branch in the Office of the Judge Advocate General. Lt. Col. Jenks is posting in his personal capacity. A Canadian Court recently sentenced Désiré Munyaneza, a former Rwandan Army officer, to life imprisonment with eligibility for parole following his conviction in May for...
Cross-posted at Balkinization Nothing like Friday afternoon with the President overseas for a little news: The men accused of conspiring to commit the 9/11 attacks will be tried in federal court in New York City. Five other men, including a man accused of involvement in the USS Cole bombing in 2000, will face trial before new and improved (if not...
Richard Goldstone is getting lots of flak for his recent report on the conflict in Gaza. Much of this flak is either undeserved or way over the top. But the unreasonableness of some of his critics does not mean his report was actually good and wise and fair. The basic problem, as I see it, was that Goldstone and...
Unless something rather dramatic happens, the Obama Administration is going to give up on its self-imposed January 22, 2010 deadline for closing prison facilities at Guantanamo Bay. The Center for American Progress, a reliable barometer of the Administration's thinking, has also advised against meeting the deadline. As a legal matter, it is not obvious that closing Gitmo would have made much...
From our friends at George Washington Law School: The George Washington University International Law Review is now accepting submissions of book reviews for publication in Volumes 41 and 42. Book reviews should be written on a recent or forthcoming book discussing a timely issue in international law. Word count should not exceed 9000 words. Submissions must be in Microsoft Word (.doc)...
For those around DC this upcoming Monday afternoon, there is a very interesting panel discussion organized jointly by the ABA International Section, ASIL, and SAIS on the ICC. It will feature a screening of an excerpt from the documentary The Reckoning, and then a panel discussion that will have Gary Solis, Jane Stromseth, John Bellinger, and me, and moderated by...
Yes, it’s true, according to the Lieutenant Governor of South Carolina, Andre Bauer. A U.S. District Court held this week that a State-sponsored vehicle license plate featuring a cross superimposed over a stained glass window with the words “I Believe” violates the First Amendment's Establishment Clause. As reported by The State newspaper, the Lt. Governor declared in response that the ruling was...
On Friday, November 13, the International Legal Theory Interest Group of the ASIL will sponsor a scintillating event on the role of ethics in international law. The event will be held in Washington D.C. at the Tillar House and the Cosmos Club. Details here. Here's the breakdown of the panel discussion: Panel 1: Ethics in Public International Law (9:15)...
The Draft Articles on the Responsibility of International Organizations (“RIO”) provide that for an internationally wrongful act to occur, (i) the conduct must be attributable to the IO under international law, and (ii) constitute a breach of an international obligation of that IO. Greg Fox will be blogging on the important question of attribution later this week. ...
