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Search: Syria Insta-Symposium

18 Apr

...policy concerns is the basis for the presumption against extraterritorial application of the ATS in the first instance, then presumably such risk also ought to inform the Court’s judgment — and that of lower courts, as well — in deciding when, if ever, the presumption should be “displaced” in the categories of cases described above. If this is correct, then the cases most amenable to such displacement would be those in which a U.S. person or corporation is responsible for the violation–that is to say, cases in which U.S. foreign...
18.04.13 | |

09 Mar

...protect its citizens allegedly at risk in those states. However, US actions in all the above instances received harsh criticism from the community of states, partly because the actions were disproportionate self-defense (The Yearbook of the United Nations (1965) 142; UN SCOR, 2491st mtg, UN Docs S/PV. 2491(27 October 1983) 5, paragraphs 38-9; Louis Henkin, “The Invasion of Panama Under International Law: A Gross Violation” (1991) 29 Columbia Journal of Transnational Law 293, 306, 308-9; Judith Gardam, Necessity, Proportionality and the Use of Force by States, 166-7), seeking to overthrow...
09.03.14 | |

18 Apr

...this OJ symposium. The majority’s “narrow approach” leaves a number of specific questions open, but it also resolves a few broader issues that are likely to arise in future cases. Under the majority’s reasoning, there should be no Article III problem with remaining ATS suits, because the ATS applies (and thus “arises under”) federal law. It follows that U.S. law will govern various aspects of the claim, including the standard for accomplice liability (i.e., knowledge), and the availability of corporate liability and punitive damages. In that sense, the Kiobel decision...
18.04.13 | |

17 Apr

[John H. Knox is Henry C. Lauerman Professor of International Law at Wake Forest University School of Law] As Anthony Colangelo has already noted, the fundamental difference between the majority and the Breyer concurrence in Kiobel is that the majority opinion applies a presumption against extraterritoriality, and the Breyer concurrence a presumption against extrajurisdictionality. Kiobel illustrates how stark the difference can be. The majority’s refusal to allow ATS suits for torts beyond U.S. territory is likely to result in the dismissal of most ATS litigation. The concurrence’s approach...
17.04.13 | |

17 Apr

...options is transnational tort litigation. As I discuss in a forthcoming article (now more relevant than ever) and as Trey Childress discusses here and a recent Irvine Law Review symposium features here, the future of human rights in domestic courts is transnational tort litigation. Torture is assault and battery. Terrorism is wrongful death. Slavery is false imprisonment. In the quest to provide relief for victims of grave abuse, international human rights violations will now be reframed as transnational torts. Virtually every complaint pleading an ATS violation could allege a traditional...
17.04.13 | |

17 Apr

[Anthony J. Colangelo is Associate Professor of Law at SMU Dedman School of Law.] I’ll start with a few brief points about why I believe Justice Breyer’s opinion provides a sounder approach and is more legally accurate than the Court’s opinion. Then I will critique the Court’s opinion and, in particular, its extension of a presumption against extraterritoriality to causes of action (as opposed to conduct regulating rules). First, I must say I’m sorry to see Justice Breyer’s view that “just as we have looked to established international...
17.04.13 | |

17 Apr

...Another might be an instance where there is US sovereign complicity in the violation outside of the territorial United States, for instance, where a US or alien subcontractor, acting under U.S. governmental authority or authorization, has violated specific, universal, and obligatory customary international law norms (e.g., Common Article III) by enhanced interrogation techniques employed against an alien plaintiff in a foreign sovereign territory. Finally, perhaps, as with piracy on the high seas, ATS claims may be possible in terra nullius circumstances, such as where acts have occurred in failed states....
17.04.13 | |

10 Mar

...international relations from sliding into chaos. The law is still the law, and we must follow it whether we like it or not.’ These words are those of President Putin, written a few months ago in order to prevent the US, UK and other governments from intervening in Syria. International law is crucial to the situation in the Ukraine. It is of particular relevance to the right of self-determination of the people of Crimea and whether Russia can lawfully intervene on the territory of Ukraine. The right of self-determination, as...
10.03.14 | |

10 Mar

[Gregory H. Fox is the director of the Program for International Legal Studies and Professor of Law at Wayne State University.] In the early days of the Ukrainian crisis, commentators discussed a number of possible justifications for Russian intervention in the Crimea. On Saturday, March 3, however, the Russian ambassador the UN announced the existence of a letter from Viktor Yanukovych to the President of Russia, dated March 1, requesting Russian intervention. In the letter Yanokovych purportedly described conditions of chaos in Ukraine and called on “President Vladimir...
10.03.14 | |

17 Apr

We have invited several academic luminaries to post here at Opinio Juris over the next few days about the Supreme Court’s decision in Kiobel. We also are going to try something new and invite young academics to submit guests posts for possible publication. We can’t guarantee we will publish every post submitted, but we would love to broaden the discussion to include new voices. So if you want to write a guest post for Opinio Juris about Kiobel of approximately 500 to 1500 words, please do so in...
17.04.13 | |

10 Sep

We have invited several academic luminaries to post here at Opinio Juris beginning early next week about the Scottish independence referendum that will be held next Thursday, September 18th. As we have done in the past with other symposiums, we also welcome other academics to submit guests posts for possible publication. We particularly welcome Scottish, British, EU and state succession experts. We will focus on the international legal aspects of the Scottish referendum, not the political or economic implications of the vote. We can’t guarantee we will publish every post...
10.09.14 | |

01 Apr

...The first of these, however, was not constituted through a Resolution of the League’s Council, like Palestine. Instead, it was constituted through an international treaty, between the UK and the “State of Irak”. Mandatory Iraq, in fact, had a King, Faisal I, and Article 1 of the Treaty of Alliance his government signed with the British was signed “without prejudice to her national sovereignty”. Similarly, the Mandate for Syria and Lebanon established that “[t]he Mandatory shall further enact measures to facilitate the progressive development of Syria and the Lebanon as...
01.04.24 | |