I used to blog regularly about the Whale Wars, my name for the ongoing struggle between Japanese Whalers and those groups devoted to protecting whales. But I stopped almost three years ago when Australia filed its case against Japan in the ICJ, since nothing important seems to have happened since then. (Did we really need 22 months for written proceedings, when...
Apparently, the U.S. conservative policymaking world has made its peace with the ICC. As long as the ICC doesn't bother the US, the US won't bother the ICC. But the US has no plans to join either. That is the bottom line from this report from Colum Lynch. Have U.S. conservatives really lost the war on the International Criminal Court? A decade...
Neither the arbitral tribunal's order demanding Ecuador act to stop enforcement of the $18 Billion judgment against Chevron, nor Ecuador's continued brazen refusal to follow the order is really much a surprise. The Chevron-Ecuador Death Cage Match continues unabated and has gotten so out of control that almost nothing shocks me about this case anymore. A former Ecuadorian judge swearing...
I have posted on SSRN my latest article, "Ancillary Discovery to Prove Denial of Justice" just published in the Virginia Journal of International Law. It analyzes Section 1782 discovery proceedings in the context of BIT arbitration and argues that there is now uniform agreement among federal courts that investment arbitration panels are "international tribunals" within the meaning of Section...
Apropos of Kevin's recent posts, Professor George Bisharat of UC Hastings Law School takes to the NYT op-ed pages to call for Palestine to join the ICC and seek investigation of Israel's actions in the West Bank and Gaza. The Palestinians’ first attempt to join the I.C.C. was thwarted last April when the court’s chief prosecutor at the time, Luis Moreno-Ocampo,...
For those of you wondering how seriously the Chinese media is taking the Philippines' arbitration claim against China over the South China Sea (there must be at least two of you out there), here is an illustrative cartoon from a Chinese newspaper, "JingChu Times", in Central China (although originally from another publication). Although one doesn't need to read Chinese to get...
[I know that what this blog needs is yet another post on the China-Philippines UNCLOS Arbitration! We aim to please!] Steve Groves of Heritage asks in the comments to my prior post: What happens if China simply refuses to show up at the arbitration? Can an arbitral tribunal even be formed to rule on jurisdiction? This is something that I've wondered too, and...
This article from the Global Times, a hawkish state-controlled newspaper in China, probably reflects a little bit of the official Chinese view on the Philippines UNCLOS claim. It also contains this troubling bit of analysis, from a Chinese scholar: The international court would not take the case without agreements from all parties involved, Dong Manyuan, a researcher at the China Institute...
China's initial reaction to the Philippines' decision yesterday to file an arbitration claim has been to stick to its guns. From the BBC: On Wednesday, Chinese foreign ministry spokesman Hong Lei told journalists that China has "indisputable sovereignty over the South China Sea islands and adjacent waters, which has abundant historical and legal grounds". "The key and root of the dispute over...
In a potentially huge development, the Government of the Philippines announced earlier today that it has filed for arbitration with China under the UN Convention for the Law of the Sea. The Philippines' claim places China's controversial sovereignty claim over the South China Sea (see right) squarely before an international arbitral tribunal convened under Article 287 of UNCLOS. According to the...
I am delighted to announce that Thomas Graham, the U.S. Member of the World Trade Organization's Appellate Body, will be giving the Shapiro Lecture at Hofstra entitled "It Sure Looks Different from the Inside: Deciding International Disputes at the WTO." Graham has been an observer and a participant in the international trade law system since the 1970s as a USTR attorney,...
[Başak Çalı is Senior Lecturer (Associate Professor) in Human Rights at the University College London] This post is the first in a series of three. The relationship between the highest domestic courts and the European Court of Human Rights has been subject to much debate in the past ten years in Europe. Some of this debate focuses on the backlash against the...
