Interestingly, the four liberal justices would have also dismissed the Kiobel plaintiffs on a different theory: that this case (involving actions by a foreign corporation against foreign plaintiffs in a foreign sovereign's territory) does not "substantially or adversely affect an important American national interest...
It is worth noting that Justice Kennedy offered a very short concurrence. Here is the complete text of his concurrence, which should hearten ATS supporters that there is some room for future extraterritorial ATS cases (a very small room, I guess). The opinion for the Court is careful to leave open a number of significant questions regarding the reach and interpretation...
Here is the bottom line of the Roberts' opinion, which makes it sound like this whole ATS thing is really a simple application of Morrison v. National Australia Bank. On these facts, all the relevant conduct took place outside the United States. And even where the claims touch and concern the territory of the United States, they must do so with...
(UPDATE: Whoops, Ken beat me to the punch. Still, look here for more comments soon.) Here is the opinion. I am just going through it now, but it looks like the ATS is going to be severely restricted on territoriality grounds for the near future. More from all of us later on today....
The US Supreme Court released its long-awaited Kiobel decision this morning, affirming the Second Circuit's dismissal of the plaintiffs Alien Tort Statute claims. Chief Justice Roberts wrote the opinion, joined by Justices Scalia, Alito, Thomas, and Kennedy. Justice Kennedy wrote a separate concurrence; Justice Alito did likewise, joined by Justice Thomas. Justice Breyer concurred in the judgment, joined by Justices...
So reports the Kuwait News Agency. The building is expected to be completed in late 2015. Here is the winning design: You can read more about the design, and see more artists renderings, here. It's not a bad design, but it's a bit too high-modernist for my taste. I preferred the one by Wiel Arets Architects & Associates that won third prize...
An opinion piece in Al-Jazeera by an international lawyer who works with the Palestinians, John Whitbeck, reports some interesting comments by Fatou Bensouda about Palestinian ratification: During a public discussion held at the Academie Diplomatique Internationale in Paris on March 20, Fatou Bensouda, the Prosecutor of the International Criminal Court, addressed the potential membership of Palestine in the ICC. During the...
The Asahi Shimbun is running a couple of interesting features on the International Court of Justice and Japan's relationship with it. One essay features interviews with Japan's current and former members of the ICJ: President Owada and former vice-president Oda. The other explores what might happen if Japan were to somehow send its disputes with China and Korea to the...
Apparently, the answer is yes, according to Professor Jeremi Suri of the University of Texas writing in the New York Times: The Korean crisis has now become a strategic threat to America’s core national interests. The best option is to destroy the North Korean missile on the ground before it is launched. The United States should use a precise airstrike to...
Calls for papers In case you haven't seen it yet, 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. Vermont Law School will host the fourth-annual Colloquium on...
Last November, two documents appeared within a few days of each other, each addressing the emerging legal and policy issues of autonomous weapon systems - and taking strongly incompatible approaches. One was from Human Rights Watch, whose report, Losing Our Humanity: The Case Against Killer Robots, made a sweeping, provocative call for an international treaty ban on the use, production,...
[Jonathan Horowitz is writing in his personal capacity. He is the Associate Legal Officer at the Open Society Justice Initiative’s National Security and Counterterrorism Program and Naz K. Modirzadeh is a Senior Fellow at the HLS-Brookings Project on Law and Security at Harvard Law School, where she leads the Counterterrorism and Humanitarian Engagement initiative.] Part I of the series can be...
