In association with the International Commission of Jurists

Game On! ITLOS President Appoints Final 3 Members of Philippines-China Tribunal

25 Apr

Yesterday, President of the International Tribunal for the Law of the Sea, Shunji Yanai, announced the appointment of the final three members of the Annex VII UNCLOS tribunal. International Tribunal on the Law of the Sea (ITLOS) President Shunji Yanai on April 24 transmitted a letter to Philippine Solicitor General Francis Jardeleza, head of the Philippine legal team on the arbitration...

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24 Apr

[Milan Markovic is an Associate Professor of Law at Texas Wesleyan University School of Law.] When the Supreme Court originally granted certiorari in Kiobel, many feared that it would bar ATS suits against corporations entirely.  The Supreme Court’s actual decision bars ATS claims that do not “touch and concern” United States territory.  I tend to agree with Marty Lederman that there...

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24 Apr

[Austen Parrish is the Interim Dean and a Professor of Law at Southwestern Law School in Los Angeles.] With Kiobel, the general mood among those in the human rights community is pessimistic. Because it curtails use of the Alien Tort Statute, viewing the decision as a loss is tempting. From this perspective, Kiobel is another indication that the Court continues to reinvent itself with a particular...

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23 Apr

Longtime readers know that I have often criticized (unfairly in many readers' eyes) the snail's pace of dispute resolution before the International Court of Justice.  I respect the ICJ as an institution, but I have never thought it has lived up to its potential as the "principal judicial organ" of the United Nations.  On the other hand, I will give...

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23 Apr

[Roger L. Phillips is an international criminal law practitioner. He also maintains Communis Hostis Omnium, a blog about maritime piracy. This post is cross-posted there.] The majority opinion in Kiobel precludes Alien Tort Statute claims for foreign conduct against foreign victims, leaving a small door for potential future claims that involve extraterritorial conduct so long as they touch and concern US territorial...

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23 Apr

Professor David Kaye has a thoughtful essay in the latest issue of Foreign Affairs analyzing the growing level of cooperation between the U.S. and the ICC.   He correctly notes that the U.S. is not only no longer actively hostile, but it has taken various steps in recent years to actively support the work of the ICC (most notably in Uganda against...

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22 Apr

This time it is about general personal jurisdiction of a foreign parent corporation based on alleged human rights violations of one subsidiary in a foreign country and unrelated activities of another subsidiary within the forum. The question presented in Daimler Chrysler AG v. Bauman is as follows: Daimler AG is a German public stock company that does not manufacture or sell...

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22 Apr

"[E]ven where the claims touch and concern the territory of the United States, they must do so with sufficient force to displace the presumption against extraterritorial application. Corporations are often present in many countries, and it would reach too far to say that mere corporate presence suffices." That is the operative language in Kiobel. Which raises the question, if mere...

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22 Apr

In the wake of Obama's memorable statement, a number of bloggers have questioned whether the Boston bombings deserve to be labeled "terrorism." Most of those bloggers -- such as the excellent Ali Abuminah here -- emphasize that many US definitions of terrorism require the violent act in question to be politically or ideologically motivated, which is still an open question with regard...

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21 Apr

Calls for Papers We have launched our own call for papers aimed at LL.M, Ph.D and S.J.D. students as well as those practitioners/academics within the first five years post-degree to participate in our New Voices symposium starting in July. The deadline for 200-word abstract submissions is May 1, 2013. Upcoming Events ASIL is organizing a few lunch time events this week: on Tuesday its Government Attorneys Interest...

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