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30 May

I originally thought it was a story in The Onion, but once again truth is stranger than fiction: Top international prosecutor Luis Moreno-Ocampo, best known for pursuing war criminals, has been nominated as chief investigator at FIFA, soccer’s scandal-plagued governing body, with a brief to probe match-fixing and corruption. FIFA’s executive committee is due to discuss the appointment of a chief investigator within the next few weeks as part of a proposed clean-up following a string of graft cases. In March, FIFA’s executive approved plans to split the ethics committee,...
30.05.12 | |

17 Jan

[Tamás Hoffmann is a Senior Research Fellow in the Department for the Study of Domestic Implementation of International and European Law at the Hungarian Academy of Sciences.] Kubo’s new monograph on internationalized armed conflicts is a truly remarkable book. It attempts to give a comprehensive yet concise analysis of the nagging legal issues inevitably arising during such conflicts when the line between international and non-international armed conflicts is often blurred beyond the recognition at this vanishing point of the law of war. This treatise is indeed a must for every...
17.01.19 | |

02 Mar

According to a China Daily report, all death-penalty appeals in China will be held publicly as of July 1, 2006. The move, initiated by the Supreme People’s Court, is designed to decrease the number of wrongful convictions by making the appeals process more transparent. Under Chinese law, city-level intermediate courts initially hear cases that could lead to the death penalty. Provincial-level high courts then hear any appeal that is made, whether by the defense or by the prosecution. The new law affects the high courts, some of which — those...
02.03.06 | |

29 Jun

at their disposal to ensure that the know-how underlying a CL is shared with licensees. To begin with, states could establish clear guidelines on the conduct of private entities requiring the transfer of know-how accompanying a CL on equitable terms. This could be supplemented with incentives for firms to pool their know-how into technology transfer mechanisms and patent pools. The refusal to license or licensing on prohibitive terms should attract action under competition law, as recognised by Article 40.2 of the TRIPS. In addition, emergency legislation, such as the present...
29.06.23 | |

16 Nov

...link to my remarks at Fletcher and the rather vicious string it produced. Just a couple of comments for you to consider: 1. I appreciate your acknowledgment of strong US support for the various international criminal tribunals over the last four years, although it is unfortunate that your remaining comments may lead readers to ignore the substance of my remarks. 2. Regarding the purpose of the unsigning, you are actually wrong about this. In 2002, when the President decided, upon the recommendation of the Department of Defense, that the Administration...
16.11.08 | |

04 Oct

...other than many everyday African citizens’ desire to hold their elites accountable, a task thwarted by the Court’s 2014 decision to grant immunity to all African heads of state and other senior government officials) – Distant Justice addresses all of the other features of modern African states that Clarke ascribes to the neo-colonial framework. Some aspects of my critique of the ICC undoubtedly resonate with neo-colonial accounts, especially the Court’s attempts to limit the scope for African societies to determine, on their own terms, how best to address mass crimes....
04.10.19 | |

29 Aug

...Tim Groser is eyeing the top WTO job of Director-General. Senegal’s President has summoned the Gambian ambassador over a string of executions last week that included two Senegalese. Egyptian President Morsi is visiting China in an effort to strengthen ties between the two economies. Israeli Foreign Minister Lieberman said yesterday that he would like the Egyptian resident to also visit Israel, in order to back up his reassuring words about peace between the two countries. The UN Secretary General Ban Ki-Moon has asked for an immediate investigation into the deaths...
29.08.12 | |

02 Dec

and often the applicable legal standards, vary) is over depends enormously on in what legal context the question is asked. 3. Speaking of how one determines when conflict is at an end, there is also the question of who makes that determination. Over the past 200+ years, the Supreme Court has had to determine when hostilities were over for purposes of determining the applicability of federal statutes of limitations, criminal jurisdiction and sentencing, tort and fraud liability, authorizations for various government activities, and yes, even the applicability of what we...
02.12.12 | |

01 Jan

...of the rebels. One of the top Afghan negotiators is optimistic about the chances of reaching a peace deal that would include the Taliban. In Iraq, 2012 ended with a string of violent attacks that killed at least three dozen civilians. Gabriela Knaul, the UN Special Rapporteur on the independence of judges and lawyers, has expressed concern about threats to the independence of the judiciary in Sri Lanka, culminating in the impeachment procedure started against the Chief Justice. Ukraine is reportedly allowing foreign nations to kidnap their nationals who have...
01.01.13 | |

07 Aug

Syrian Prime Minister Riyad Hijab has defected from what he terms the “terrorist regime” of President Bashar al-Assad, while violence rages on in Aleppo. IPS offers an insight into what these high-level defections mean for Syria’s future. Syria is also losing support of its ally Iran, whose Foreign Minister will visit Turkey today to discuss the situation in Syria and the capture of Iranian nationals. Hilary Clinton is visiting South Africa, where Syria will also be on the agenda. Also in South Africa, former Irish President and former UN High...
07.08.12 | |

09 Dec

[Daniel Bodansky is Foundation Professor of Law at the Center for Law and Global Affairs’ Faculty Co-Director at the Sandra Day O’Connor College of Law; an Affiliate Faculty Member, Center for Law, Science & Innovation; an Affiliate Faculty Member, Global Institute of Sustainability,School of Sustainability, Arizona State University.] In general, climate change conferences of the parties (COPs) can be divided into big-COPs and mini-COPs. Of course, all COPs nowadays are big in terms of the number of participants and the general air of frenzy. But some have major issues to...
09.12.16 | |

29 Jul

...like the South African Constitution does, we wouldn’t be having this debate at all. But it doesn’t, so here we are.As a teacher and researcher, I find it essential, and illuminating, to consider foreign and international approaches. More Americans, including judges, should think about the ways others do things more often. But should US judges rely on foreign and international sources in making their rulings? This is a different, and more difficult, question. First, one must determine whether the Constitution allows such reliance, a question on which, as seen in...
29.07.05 | |