In association with the International Commission of Jurists

What will a U.S.-China BIT do to Investor-State Arbitrations?

22 Mar

Today's Financial Times has a story on how unhappy U.S. businesses have become about Chinese government restrictions interfering with their access to Chinese markets.  So, one can understand how U.S. exporters would welcome news that the United States and China are getting closer to including a Bilateral Investment Treaty (BIT).  And, let's be clear, this would be the mother-of-all BITs, given...

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22 Mar

Bangladesh has ratified the Rome Statute, making it the 111th member of the International Criminal Court.  Bangladesh was the first country in South Asia to sign the Statute, which it did on July 17, 1998.  I don't know what explains the 12-year gap between signature and ratification; if any readers know, please chime in below. Bangladesh's ratification will have immediate dividends. ...

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19 Mar

Our friends at the University of Amsterdam's Center for International Law have asked us to announce the European Science Foundation's upcoming conference, The Responsibility to Protect: From Principle to Practice.  Here is the description of the conference, which sounds like it's well worth attending: Five years after its acceptance by the 2005 World Summit, it is time to consider the...

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18 Mar

Japan triumphs in a big way at the CITES meeting in Doha, as the U.S. proposed ban on bluefin tuna trade goes down 20-68. The rejection of the bluefin proposal was a clear victory for the Japanese government, which had vowed to go all out to stop the measure or else exempt itself from complying with it. Japan, which consumes nearly...

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18 Mar

I am not a huge fan of restrictive and protectionist trade policy, but I can't offer any serious legal quarrel with the recently proposed Trade Reform, Accountability, Development and Employment Act by the growing anti-trade bloc in the U.S. Congress.  As Lori Wallach from Public Citizen notes, the Act offers a radically new approach to U.S. trade policy.  The Act explicitly...

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16 Mar

Sure there is some dispute about settlements in East Jerusalem, or something, but here are some international law disputes that really matter. At CoP15, or the 15th Meeting of the Parties to the Convention on the International Trade in Endangered Species - currently going on in Doha, parties are discussing: resuming (or not resuming) the trade in ivory and imposing a...

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11 Mar

It is always unpleasant to get lectured by foreign governments about "violating international law", but this is something U.S. government officials should be used to.  Still, it must be galling for the new U.S. administration to be lectured by Brazil's president over U.S. non-compliance with a WTO ruling on cotton subsidies. The United States must comply with a World Trade Organization...

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10 Mar

Yesterday, the Japanese Government (now led by the Democratic Party after nearly five-plus decades of rule by the Liberal Democratic Party) confirmed that in the 1960s Japan and the United States entered into a series of secret defense pacts.  Specifically, a committee of scholars has identified various tacit agreements allowing U.S. warships to carry nuclear weapons into Japanese ports, granting unrestricted use of...

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