From the Judgment: It was further argued that Germany alone could decide, in accordance with the reservations made by many of the Signatory Powers at the time of the conclusion of the Briand-Kellogg Pact, whether preventive action was a necessity, and that in making her decision final judgment was conclusive. But whether action taken under the claim of seIf-defense was in...
My UN Dispatch friend Mark Leon Goldberg notes today that a group of Representatives are circulating a "Dear Colleague" letter urging their colleagues to support a resolution "opposing the United States joining the Rome Statute or participating in the upcoming review conference." Reading the letter is an infuriating experience, not only for its ridiculously bad grammar -- how does one...
When I teach International Trade, one of my favorite parts of the class is the discussion of trade linkages. How does a state balance competing concerns such as labor, the environment, and human rights? Typically the WTO accommodates those concerns through the General Exceptions that permit a state to violate the WTO rules if doing so is, say,...
Julian beat me to the punch regarding the new Council on Foreign Relations report, From Rome to Kampala: The U.S. Approach to the 2010 International Criminal Court Review Conference. Not surprisingly, I don't share Julian's enthusiasm for it. On the contrary, I think it's extremely disappointing, little more than a reiteration of the same tired talking points that the...
This is not really a big deal, but it is still annoying when President Obama (or any president) flagrantly breaks his campaign promises with respect to foreign policy matters that are completely within their executive discretion. Today, in his commemoration of the Armenians who died in the 1916 expulsion from Turkey, President Obama carefully avoided the use of the word "genocide"...
In many ways, it is more important to note the continuity between Obama and Bush administration policies than to dwell on their differences. Given the political antecedents of the two administrations, the areas where they have adopted the same policy is a sure-fire sign that there is broad consensus in the U.S. on a policy. I think we are getting...
This sounds impressive, but somehow it feels like the ICC Prosecutor is going in circles on Sudan. THE HAGUE, Netherlands — The International Criminal Court prosecutor wants judges to report Sudan to the U.N. Security Council for refusing to hand over a government minister and a militia leader accused of atrocities in Darfur. Luis Moreno Ocampo said in a written request to...
Did the ICJ ruling on Uruguay and Argentina help to resolve the dispute? Sort of. There are some pesky protestors, though, who are not exactly convinced by the ruling. Both sides said Tuesday's decision by the International Court of Justice in the Netherlands gave them what they need to resolve their differences, with Argentina taking heart from a part of the...
Belgium and France are both considering laws to ban the wearing of full-face veils in public. According to Amnesty International, such bans would violate international human rights law. "A general ban on the wearing of full face veils would violate the rights to freedom of expression and religion of those women who choose to express their identity or beliefs in this...
Although the U.S. is already prosecuting a pirate captured last year in New York, I hadn't realized the U.S. was going to be trying other pirates in federal court as well. But since Kenya has stopped accepting pirates for prosecution in their courts, I guess it makes sense that the U.S. and other countries will have to step up to...
This seems like a bad idea for a number of reasons that are too obvious to go into here. BUENOS AIRES, Argentina — Argentine human rights groups are turning the tables on Spain, hoping to open a judicial probe of murders and disappearances committed during the Spanish Civil War and the early years of Gen. Francisco Franco's dictatorship. Lawyers representing Argentine relatives...
The ABA Journal has an interesting article on the Americanization of international arbitration. There's nothing particularly new to our readers in this article. It's a theme that my friend and colleague Tom Stipanowich has written about extensively. I've written a bit about the subject as well. But the fact that the story is being told in...
