In association with the International Commission of Jurists

North America

11 Mar

It is always unpleasant to get lectured by foreign governments about "violating international law", but this is something U.S. government officials should be used to.  Still, it must be galling for the new U.S. administration to be lectured by Brazil's president over U.S. non-compliance with a WTO ruling on cotton subsidies. The United States must comply with a World Trade Organization...

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08 Mar

As I have noted earlier, there is a pitched battle between victims of Pan Am 73 terrorist hijacking over the distribution of treaty funds secured by the United States for American victims in a 2008 diplomatic settlement with Libya. The treaty and Executive Order stipulate that the money shall be distributed solely for the benefit of United States nationals,...

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06 Mar

That's a bit of an overstatement, but this review of Michael Byers' latest book: Who Owns the Arctic: Understanding Sovereignty Disputes in the North, reminds me of the surprising legal positions taken by Russia, Canada, and the United States over the legal status of the Northwest Passage. It is ironic that while Russia supports Canada's claim to the Northwest Passage, the...

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05 Mar

As Opinio Juris readers know, the U.S. Supreme Court heard arguments on Wednesday in the case of Samantar v. Yousuf (briefs and transcript available here), which asks the Court to interpret the 1976 Foreign Sovereign Immunities Act. Commentators, including OJ’s own Julian Ku, have reported that the Justices seemed “unconvinced by all sides” (Julian’s words) and that none of the...

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28 Feb

My new Weekly Standard essay - although “polemic” is probably closer to it.  And thanks, Julian, for the plug below! Well, regular readers have been hearing about this piece for a while, and I have posted various arguments from it (concerning targeted killing and Predator drones and the CIA and armed conflict and self-defense, and my general concern that the...

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23 Feb

That's the question, sort of, raised in Totes-Isotoner v. United States, the most interesting tariff classification case you will ever read. Under the Harmonized Tariff Schedule, men's glove have a tariff rate of 14 percent whereas gloves "for other persons" have a rate of 12.6 percent. An importer of gloves, Totes-Isotoner, argues that these duties unconstitutionally discriminate on...

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21 Feb

The release of the final report on the Yoo/Bybee "torture memos" reminds us of how government lawyering can intersect with the interpretation of international law.  And so just in time, the Yale Journal of International Law will be hosting a conference next Friday, February 26, on "Government Lawyering and International Law." Harold Koh, John Bellinger, and lots of other less...

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12 Jan

The transcript for the oral argument in Abbott v. Abbott is out, raising the difficult question of what constitutes a right of custody within the meaning of the Hague Convention on the Civil Aspects of International Child Abduction. The treaty grants a parent the right to have a child returned to the child’s country of habitual residence if...

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06 Jan

My former Pepperdine colleague, Kathryn Lee Boyd, has just filed a fascinating complaint relating to the distribution of funds secured by a treaty between the United States and Libya on behalf of U.S. victims of Libyan-sponsored terrorism. The facts as alleged in the complaint of Davé v. Crowell & Moring are complex. In brief, Libya has been implicated in terrorist...

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24 Dec

Sixty-six years ago today, President Franklin Roosevelt addressed a national radio audience to discuss his recent meeting with Winston Churchill and Joseph Stalin at the Tehran Conference. Stalin secured commitments to open up a second front against Germany. Roosevelt secured a commitment from Stalin to support an international security organization. 1943 was the turning point in the...

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30 Nov

The just-released CFR web publication "Public Opinion on Global Issues" offers one-stop shopping for those looking for public opinion surveys across a range of transnational policy issues.  The overview explains how CFR and the Univ. of Maryland consolidated all publicly available opinion polls and provides a few significant findings: The international community confronts a daunting array of transnational threats and challenges...

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