I don't have any particular insights to add on the very interesting and detailed roundtable discussion folks are having on the Lubanga judgment. But I can't resist pointing out this op-ed by Ian Paisley (the son of a leading figure on the Northern Irish settlement) in the New York Times slamming the ICC as a obstruction to national reconciliation and...
[Chester Brown is Associate Professor at the Faculty of Law, University of Sydney] Thanks to Professor Cheng for his thoughtful response. As a follow-up comment, this discussion should not conclude without mention of another hard case, being the International Court of Justice’s advisory opinion in Legality of the Threat or Use of Nuclear Weapons. In its advisory opinion of...
[Chester Brown is Associate Professor at the Faculty of Law, University of Sydney] In international life, decision-makers face difficult problems on a regular basis. What should decision-makers do, for instance, when international rules that “promote minimum world order and universally-desired values” run counter to, or threaten, “basic values or essential interests of communities” that those decision-makers serve (p. 2)? ...
My thanks to Professor Howse for his comments on When International Law Works. We have debated our respective views on state succession in our published scholarship for half a decade. Those exchanges have been intellectually rewarding to me, and so it is a pleasure to broaden our public discussions to international legal theory more generally. Professor Howse accurately...
[Robert Howse is the Lloyd C. Nelson Professor of International Law at NYU School of Law] When International Law Works is a wide-ranging work with many important and original claims and arguments. Particularly congenial is the approach that the real world effects of international law be examined not through narrow studies of rule "compliance" but in a manner that takes into...
That South China Sea dispute just won't go away. Not as long as there's still oil and gas down there...
The ICJ has asked us to post the following job announcement for law clerks at the ICJ -- which are, needless to say, among the very best positions available to a young international lawyer. Vacancy announcement Date of issuance: 8 February 2012 Deadline for applications: 10 April 2012 Post title: Law Clerk to Judges of the Court (Associate Legal Officer) (2 positions) Grade: P-2 Vacancy Announcement...
[Ingrid Wuerth is Professor of Law at Vanderbilt Law School and Director of Vanderbilt's International Legal Studies Program.] The International Court of Justice has issued its judgment in Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening). Germany won, as most observers had predicted. The dispute arose out of a series of decisions by Italian national courts...
Over at Lawfare, UVA professor Paul Stephan talks about the ICJ decision in Jurisdictional Immunities of the State (Germany v. Italy). He describes the decision, and adds some comment on its implications of the decision for the concept of international civil jurisdiction and Alien Tort Statute litigation in the United States. On Friday, the International Court of Justice (ICJ) handed a...
Tomorrow, as part of its Leading Figures in International Dispute Resolution Series, the ASIL’s International Courts and Tribunals Interest Group (ICTIG) will host a talk by Meg Kinnear, Secretary General of the International Centre for Settlement of Investment Disputes (ICSID) to discuss the ICSID system for settling investor-state disputes. The event details are as follows: ASIL Headquarters, Tillar House 2223 Massachusetts Avenue, NW Washington DC 20008 January 17, 2012 6:00...
I am doubtful the ICJ will be able to ultimately settle this ongoing border dispute, but both countries seem to be relying on the ICJ to resolve this matter. Nicaragua filed an action Wednesday against Costa Rica, alleging: In its Application, Nicaragua claims inter alia that “Costa Rica’s unilateral actions . . . threaten to destroy the San Juan de Nicaragua...
Yes, at least according to this account by Douglas Gillis in Foreign Policy, the ECCC has been nearly a complete and utter failure (and a waste of money). The main problem seems to be, according to the article, incompetent international judges (or at least one shady German judge). Obviously, the U.N. Secretariat, which was managing this tribunal, seems to have...
