Courts & Tribunals

I had almost forgotten about this ongoing dispute between Australia and Japan over whaling, which has been going on for years (and which I first noted on this blog way back in 2005).  The Australian Prime Minister warned Japan yesterday that if whaling doesn't stop by November, Australia will take Japan to court, either the ICJ or the International Tribunal...

Dapo Akande, who seems to know more about head of state immunity than anyone else, has an interesting post on the recent ICC Appeals Chamber non-decision decision in the case against Sudan's President Bashir.  He points out that the Appeals Chamber failed to even mention the question of head of state immunity, which is important in this case because as...

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...

As its title suggests, When Cooperation Fails has two distinct aims.  The specific empirical aim is to provide a definitive and theoretically informed account of one of the most bitter and politically charged international disputes of the past two decades, between the United States and the European Union over the regulation of genetically modified foods and crops.  Our theoretical aim,...

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...

My colleague Trey Childress has a nice summary of the recent decision by a federal court in Florida in Osorio v. Dole Food Company to refuse to enforce a $97 million Nicaraguan judgment. Here's the key excerpt of the decision: “the evidence before the Court is that the judgment in this case did not arise out of proceedings that comported...

Yes, says John Bellinger in Thursday's Washington Post: While it has done important work, the tribunal has largely outlived its utility for both sides -- and the Obama administration could face a significant international legal challenge if the tribunal orders the United States to make large monetary payments to the Iranian government. . . . When it was set up under the...

The Obama Administration is becoming famous for their Friday night news dumps (deficit reports are always on Fridays).  So here is another one sure to anger some parts of their base, but which is carefully buried while everyone is watching the Yankees beat up on the Angels. The Obama administration has formulated a new policy for Sudan that proposes working with that country’s...

The Crimes of War site has noted that Florence Hartmann has been convicted in the ICTY: The International Criminal Tribunal for the Former Yugoslavia this week convicted a former official of contempt of court for disclosing the contents and effect of two confidential Appeals Chamber decisions. The Court found that Florence Hartmann, a French journalist and former spokesperson for the Prosecutor,...

Adjudicating Europe, a new blog dedicated to EU law, has just launched.  Here's how the editors describe it: EU Law, despite its expansion and maturity, has not yet developed a comparable blogsphere of its own. Languages, the vastness of its scope, or a tendency to work and discuss inside national communities, have probably influenced this lack of blogging culture among EU...