Here is an excerpt from my report on the Chevron-Ecuador Panel at this year's ASIL meetings, published over at ASILcables.org: In my view, the best way to understand Chevron v. Ecuador is as a marriage gone horribly wrong, where, as usual, the children are the biggest losers. In this case, the “children” are theLago Agrio plaintiffs, most of whom are part...
I think it's safe to say that the ECCC is in serious trouble, despite having an excellent International Co-Prosecutor in Andrew Cayley and many intelligent, dedicated staff. As readers probably know, the international reserve co-investigating judge, Laurent Kasper-Ansermet, is resigning his position because interference by the Cambodian government is making it impossible for the Tribunal to investigate new cases. Kasper-Ansermet...
The VU University Amsterdam is pleased to announce it will hold a conference on international criminal law titled 'Pluralism v. Harmonization: National Adjudication of International Crimes.' Opinio Juris' own Kevin Jon Heller and recent guest contributors Mark Drumbl and Jens Ohlin are among the impressive line-up of speakers. The event will take place at the KNAW's Trippenhuis in the center of...
The Inter-American Court of Human Rights for the first time has recognized unlawful discrimination on the basis of sexual orientation, in a decision released two weeks ago, Atala v. Chile (here is the decision, in Spanish). Congratulations to Macarena Saez, a Chilean lawyer who teaches at my school (Washington College of Law, American University), for leading a team of public...
This week many of our readers will have attended ASIL’s 106th Annual Meeting. If you weren’t in Washington DC, we brought you Harold Hongju Koh’s statement regarding Syria (with the possibility to comment here). Deborah Pearlstein drew conclusions for further research from the panel on international humanitarian law and international human rights law. Via ASIL Cables, you could also read...
Had the chance to catch at least one panel at yesterday's jam-packed annual meeting of the American Society of International Law. Happy to say, it was a good one, and timely: “International Human Rights Law, International Humanitarian Law, and the Implications for Coalition Warfare.” Ashley Deeks moderated, giving a summary of the ECHR’s latest jurisprudence in the area...
Tai-Heng Cheng (THC): Congratulations on receiving the Manley O Hudson medal, Professor Crawford. Your many accomplishments are well known to our members, and I was wondering what achievements in your career have you found most meaningful? James Crawford (JC): Thank you. There have been too many moments to mention them all, but perhaps there are a few that stand out. There was my time on the Australian Law Reform Commission in the 1980s when I worked on indigenous rights, admiralty and state immunity – quite a mixture. I have a special place in my memory for my first case before the International Court of Justice, Certain Phosphate Lands in Nauru, in which I acted alongside Ian Brownlie representing the Republic of Nauru. Another case before the Court which stands out for me was the Gabčikovo-Nagymaros Project decision, which was my first lead in the Court. Serving as Special Rapporteur on State Responsibility in the years leading to the adoption of the International Law Commission’s Articles on State Responsibility, was a particular highlight. Latterly I’ve enjoyed working with terrific teams on cases for Colombia and Costa Rica, among others. And a recent intense effort was the 8th edition of Brownlie’s Principles, which comes out in August. THC: Looking back at the evolution of international law since 1945, what are some of the most significant developments? JC: The most obvious developments have probably been in connection with the evolving position of the individual under international law – in the fields of international criminal law and international human rights law particularly. Both of these fields were embryonic in the years following World War II and have since expanded exponentially. Related to this is the development of investor-state arbitrations, with private entities bringing growing numbers of disputes against foreign states directly under bilateral and multilateral investment treaties, without needing to rely on diplomatic protection. Our understanding of self-determination under international law has also changed since 1945, when it was primarily associated with decolonisation and the formation of new states, whereas it has since developed into a wider notion encompassing the ongoing guarantee of fundamental human rights and democratic accountability within existing states. Some see these changes as an erosion of state sovereignty, but I would argue that sovereignty remains very much the foundation of our system of international law, and that the notion of sovereignty is flexible enough to accommodate modifications without collapsing altogether.
[Harold Hongju Koh is the Legal Adviser, U.S. Department of State.] Statement Regarding Syria Harold Hongju Koh Legal Adviser, U.S. Department of State American Society of International Law Annual Meeting March 30, 2012 It is my honor to speak here again at the annual meeting of the American Society of International Law. A year ago, I spoke before this audience about...
We thank Legal Adviser Harold Koh for guest posting the statement on Syria that he delivered earlier today at the American Society of International Law Annual Meeting. As this posting is a release of a speech text and Legal Adviser Koh will not be online to respond to comments, we at OJ didn't place a comment thread under the released text. However, we open the following comment thread to...
At their fourth summit in New Delhi, the BRICS leaders established a high level working group to examine the creation of their own development bank. One commentator questions the feasibility and argues that it may result in a dilution of influence at the World Bank. The BRICS' Delhi Declaration confirms the primary role of the G20, which will be presided by Russia...
Our friends at the Cambridge Journal of International and Comparative Law are pleased to announce that at their upcoming conference - "Agents of Change: The Individual as a Participant in the Legal Process" - on 19 and 20 May 2012 there will now be two keynote addresses by: JUDGE ANTONIO AUGUSTO CANÇADO TRINDADE and PROFESSOR JAMES CRAWFORD SC Other highlights include a welcoming address...
Dawood Ismail Ahmed, a Pakistani lawyer and JSD candidate at the University of Chicago, has a very interesting article today at Foreign Policy on Pakistan's opposition to drone strikes. He argues that if Pakistan really wants to put an end to the strikes, which have killed hundreds of innocent Pakistani civilians, it needs to start taking advantage of its options...
