Those international investment law nerds out there know that Article 54 of the ICSID Convention requires each state party to "recognize an award rendered pursuant to this Convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State." Many of you also probably know...
At the outset, I am concerned by the structure of Kevin’s reasoning. Kevin (and apparently the ICTY judges he supports) seem to reason inductively, taking the putative innocence of weapons transfers by American and British governments to Syrian rebels as a point of departure. Although I’m sure Kevin just means to use a well-known contemporary example to illustrate his concerns, the optics are bad for him and the ICTY—by backing into this issue with the a priori assumption that American and British practices are necessarily beyond reproach, the reasoning risks substantiating views (so common now among African leaders and TWAIL scholars) that the discipline is structurally biased. To preserve the impartiality and therefore legitimacy of international criminal law, surely we should start with a morally defensible concept of complicity, then let responsibility attach where it may. Otherwise, the new “specifically directed” test speaks to darker problems that infect the entire system.
The indefatigable Benjamin Wittes at Lawfare has a short post describing a lively exchange between the Chinese and Filipino representatives at MILSOPS, an invitation-only off-the-record meeting of top military officials from the Asia-Pacific region, about China's nine-dash-line claim to the South China Sea. Apparently, this has been an ongoing debate at this annual conference. Last year, the Chinese representative presented this...
Professor Stefan Talmon of the University of Bonn and St. Anne's College in Oxford offers one of the first serious attempts to defend China's position on the UNCLOS arbitration brought by the Philippines. In an essay published by the Global Times, China's hawkish state-owned daily paper, Professor Talmon argues that all of the Philippines' claims against China fall outside of...
As Peter noted yesterday, the recent tragedies in Bangladesh factories have resulted in a major breakthrough with the signing of the Accord on Fire and Building Safety in Bangladesh. Thus far, leading retailers such as H&M, Marks & Spencer, Tesco, Sainsbury’s, Benetton, and Calvin Klein are on board. Notably absent from the list are leading U.S. retailers such...
The Permanent Court of Arbitration (PCA) recently released its 2012 annual report, which documents its remarkable institutional transformation. Established in 1899, the PCA is an intergovernmental organization based in the Peace Palace in The Hague. Although it has a long and interesting history, including housing the Iran – U.S. Claims Tribunal for a number of years, over the last 12 years the...
ABC's Univision reports on this op-ed by former Colombian foreign secretary and former vice justice minister, which seems to accuse shadowy Chinese business interests of influencing the recent ICJ decision in Nicaragua v. Colombia. Here is the crux of the alleged wrongdoing (or at least shady conduct): ...
The Office of the U.N. High Commissioner for Human Rights seems to be condemning the forced feeding of hunger-striking Guantanamo detainees as torture, or perhaps as cruel, inhuman, and degrading treatment in violation of the Convention Against Torture. Force-feeding hunger strikers is a breach of international law, the UN’s human rights office said Wednesday, as US authorities tried to stem a...
This report out of Prensa Latina in Havana suggests that the ICJ has expressed some sort of positive opinion on quality of Bolivia's case against Chile. In a press conference, [Bolivian Foreign Minister] Choquehuanca announced the International Court notified Chile on the start of the process and reasserted the Bolivian will of not affecting the bilateral relations with Chile. He also said the...
Last week, the government of Bolivia filed an application in the International Court of Justice against Chile arguing that Chile has breached its "obligation to negotiate in good faith and effectively with Bolivia in order to reach an agreement granting Bolivia a fully sovereign access to the Pacific Ocean." Is it just me, or is this the weakest case ever filed at the...
Not content to push border disputes with only Japan and the Philippines, China apparently has decided that now is also a good time to create a border crisis with India. Last week, Chinese troops apparently crossed over a disputed border to camp 20 km inside Indian-claimed territory in the remote region of the Himalayas (the Chinese deny the incursion has...
From the Court's press release: Today, 26 April 2013, Leiden University won the final round of the International Criminal Court (ICC) Trial Competition, English version, held in ICC Courtroom I in The Hague (Netherlands). Osgoode Hall Law School of York University (Canada) and Bond University (Australia) won, respectively, second and third place. The Best Speaker award went to Katherine Stewart of...
