Back in 2007, Messrs David Rivkin and Lee Casey's Wall Street Journal op-ed helped popularize the term "lawfare" among U.S. conservatives, who have used the term to decry legal tactics that challenged US policy in the war on terrorism. As they defined it then: The term "lawfare" describes the growing use of international law claims, usually factually or legally meritless, as a tool...
This July and August, we are bringing back our Emerging Voices symposium! If you are a doctoral student or in the early stages of your career (e.g., post-docs, junior academics or early career practitioners within the first five years of finishing your final degree) and would like to share your research with our readers, please send a 200-word summary of your...
Here is the ICJ's decision in "Whaling in the Antarctic" (Australia v. Japan, New Zealand intervening). Here is the Registry's summary. The vote was unanimous on jurisdiction, and then 12-4 on the rest in Australia's favor with judges Owada, Abraham, Bennouna, Yusuf dissenting. There was one aspect of the decision that went in favor of Japan (13-3) but that aspect of...
Just in time for the odd Sunday filing deadline, the government of the Philippines announced that it had submitted its memorial in its arbitration with China under UNCLOS. Ignoring a possible backlash from China, the Philippine government transmitted the document, called a “memorial” in international arbitration parlance, on Sunday to the Netherlands-based Permanent Court of Arbitration where a five-member tribunal operating...
Just follow the lead of Henry Okah, a Nigerian national recently convicted in South Africa (under universal jurisdiction) of terrorism-related offences in the Niger delta. Here are the key paragraphs from the trial court's decision: [28] The correctness of copies of 3 journals kept by the accused in his own handwriting was admitted. In these journals the accused made notes in from...
Events The Cardozo School of Law is hosting a panel on Privacy, Security, and Secrecy after Snowden on April 2, 2014 - 6:00 p.m. to 7:30 p.m., moderated by our own Deborah Pearlstein. From the website: Edward Snowden's recent disclosures about the NSA's surveillance activities have raised important national security and civil liberty questions: How effective is the NSA's surveillance? What are its costs...
On Monday, the International Court of Justice will announce its long-awaited judgment in Whaling in the Antarctic (Australia v. Japan). The judgment (scheduled for 10 a.m. Hague time) comes almost four years after Australia first filed its application way back in May 2010 (here is one of many prior posts where I complained about the length of time this judgment has...
John Louth at OUP passes along the latest potential twist in Moreno-Ocampo's career path: The former prosecutor of the International Criminal Court (ICC), Mr Luis Moreno Ocampo, has offered to represent the victims of Barlonyo Massacre in the court.Barlonyo village in Agweng Sub-county, Lira District is where more than 400 people were massacred by suspected Lord’s Resistance Army rebels on February...
According to Lebanon's Daily Star, Libya intends to begin the trial on April 14, just a few weeks from now: Seif al-Islam Kadhafi, Saadi Kadhafi and former spy chief Abdullah Senussi are among more than 30 officials from the ousted regime who are to stand trial on charges ranging from murder to embezzlement. Former premiers Al-Baghdadi al-Mahmudi and Bouzid Dorda are also among those...
Simon Lester has a thoughtful response to my earlier post about using trade remedies to enforce arbitration awards. He questions whether conditioning GSP benefits on compliance with arbitration awards is consistent with WTO obligations. My answer is essentially yes. Because there are so many issues at play, I thought it best to respond in a new post rather...
For quite some time I zealously followed all of the various filings in the Libya cases -- by Libya, al-Senussi and Gaddafi, the Registry, the OPCV, everyone. I also regularly blogged about those filings. But I haven't lately, as consistent readers will know. The reason? The ICC judges seem to have lost all interest in actually making decisions. The record is quite...
Call for Papers The ASIL International Economic Law Interest Group is calling for paper and panel proposals for its 2014 Biennial Research Conference, to be held at the University of Denver's Sturm School of Law, on November 13-15, 2014. The theme of the conference is "Reassessing International Economic Law & Development: New Challenges for Law & Policy". They strongly encourage scholars,...
