In association with the International Commission of Jurists

Courts & Tribunals

24 Jan

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...

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23 Jan

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...

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22 Jan

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...

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11 Jan

[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...

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24 Dec

[Jelia Sane is studying for the English Bar at City University, London. She holds an LLM in Public International Law from University College London and has previously interned at the ICC, the Centre for Justice and International Law, and the Extraordinary Chambers in the Courts of Cambodia.] The unanimous acquittal and subsequent release of Mathieu Ngudjolo Chui by Trial Chamber II of the International Criminal...

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15 Dec

[Craig H. Allen is the Judson Falknor Professor of Law at the University of Washington in Seattle.] On December 15, 2012, one phase of the dispute between the Argentine Republic and the Republic of Ghana over the “seizure” of the Argentine frigate ARA Libertad while in a Ghanaian port came to an end, when the International Tribunal for the Law of...

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30 Nov

I have a Forbes.com op-ed today providing a fuller version of my critique of Argentina's legal arguments over the ARA Libertad.  (It's worth noting that Argentina is actually heading toward yet another financial crisis spurred by a recent New York court decision, which I didn't have time to incorporate into this piece.) Last month, a court in Ghana detained the ARA Libertad, an Argentine...

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28 Nov

The Associated Press has a confusing and muddled account of the consequences of Colombia's withdrawal from the Bogota Pact (American Treaty on Pacific Settlement), which had committed Colombia to the ICJ for disputes with other signatory states.  Here is where the AP account doesn't make much sense (or is flat out wrong): Legal experts, however, said [Colombian President] Santos’ announcement was unlikely,...

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28 Nov

Still smarting from the ICJ's judgment last week awarding rights to Nicaragua over territorial waters claimed by Colombia, President Juan Manuel Santos announced that Colombia is withdrawing from the 1948 Bogota treaty granting jurisdiction to the ICJ to resolve disputes between signatories.   Since Colombia was obviously the host to the treaty's creation and (until now) had made no limitations...

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27 Nov

I haven't blogged about Chevron lately, because there has not been much news to report. But I want to mention an excellent article discussing plaintiffs' efforts to force Chevron to pay at least part of the judgment. The article is written by a financial analyst associated with the investment website Seeking Alpha, so it has no particular ideological...

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