General

What happens to litigation that obviously should be pursued in a foreign country but is prevented from doing so by a forum non conveniens blocking statute? That's the question presented in a recent Florida state court case of Scotts Co. v. Hacienda Loma Linda. Here are the basic facts: Scotts sells a product to Hacienda that allegedly...

Germany has sued Italy before the ICJ challenging successful Italian lawsuits that have denied Germany's sovereign immunity arising out of World War II forced labor claims. The ICJ press release is here. Here is Germany's key argument: “In recent years, Italian judicial bodies have repeatedly disregarded the jurisdictional immunity of Germany as a sovereign State. The critical...

Since 1955 NORAD (and its predecessor CONAD) has tracked Santa’s each Christmas Eve and has answered questions for boys and girls about his progress. NORAD’s Santa tracking service uses interactive maps updated every few minutes at http://www.noradsanta.org. As Santa stops in each location, you can click an icon to learn more about that part of the world. There are also...

The great Irish intellectual, scholar, and diplomat Conor Cruise O'Brien has died.  Although for many OJ readers, he is remembered most as a diplomat - at the center of the United Nations and the Congo Crisis of 1961 - his greatest influence on me was through his massive study of Edmund Burke, The Great Melody.   One passage that O'Brien cited...

No, I don't mean Obama's foreign policy.  The Foreign Relations of the United States is the official documentary historical record of major U.S. foreign policy decisions and significant diplomatic activity; and these days it's in trouble. The tip of the iceberg is the fracas described here and here between the Historian of the Department of State Marc Susser and the Advisory Committee on...

I received in the mail a couple of days ago an author copy of the journal International History Review.  I have a short piece in the December 2008 issue, a brief review of Stephen Hopgood, Keepers of the Flame: Understanding Amnesty International.   To be honest, I had not heard of the IHR before I accepted the assignment, but I was...

This past Friday I was privileged to host an intimate colloquium at Pepperdine’s Malibu Beach House that brought together a wonderful mix of torts scholars, international law scholars, and practitioners to address the nexus between torts and the Alien Tort Statute. It was an eclectic group, including renown torts experts such as Third Restatement Reporter Michael Green, Anthony Sebok,...

Richard Falk, an eminent professor of international law and politics at Princeton, was expelled from Israel yesterday while he acting as the UN Human Rights Council's special rapporteur for human rights in the Palestinian territories.  Falk was expelled by Israel because Israel believed his investigation, and indeed the UN Human Rights Council itself, is irredeemably biased against Israel.  This is probably...