Search: Syria Insta-Symposium

...presence” as being insufficient to overcome the statutory presumption against extraterritoriality. This language, and the Supreme Court’s decision not to otherwise mention the corporate liability issue, was enough for Judge Scheindlin to revisit the corporate liability issue. I don’t really buy this sub silentio interpretation of Kiobel, but to give credit where credit is due, this argument was previewed in our Kiobel insta-symposium by Jordan Wells, a third year law student. Let’s just say Judge Scheindlin really went out of her way to re-open this question. My views on the...

...strip ISIL fighters from their US citizenship, and Kevin responded to a post by Mike Lewis over at Just Security on the application of the “unwilling or unable” test in the context of article 51 UN Charter. Finally, Jessica wrapped up the news and I listed events and announcements. We’re running an insta-symposium on the Scottish independence referendum next week, and are still welcoming submissions. If you saw last week’s announcement by Matrix Chambers, you may want to take note that the deadline has been extended. Have a nice weekend!...

...insta-symposium last spring), and it was accepted by Judge Shira Scheindlin in a separate New York district court ATS case even though she ended up dismissing that case on other grounds. It looks like the plaintiffs in another ATS case, Jesner v. Arab Bank, will get the appeals court to consider the issue as well, according to this NY Law Journal write up of oral argument in that case. I think it is unlikely that the panel will conclude that the Kiobel corporate liability holding has been implicitly reversed, but...

...of his final visits to Scotland later on Monday four days before a historic independence referendum to warn Scots a vote to leave the United Kingdom is a forever choice. Hundreds of thousands of Catalans packed the streets of Barcelona on Thursday to demand the right to vote on a potential split from Spain, their ambitions boosted by an independence referendum scheduled for later this week in Scotland. For more on the independence vote, we are hosting an Insta-Symposium–watch for updates starting later today. Russia’s strength is being tested by...

...to Mexico’s nationals. (Update: Marty Lederman, as usual, was first to notice this article and the first to comment. Michael Froomkin has the text of the withdrawal and more comments about the timing of the withdrawal) A couple of insta-observations: (1) The ICJ might find that the U.S. withdrawal itself was not in conformity with international law. In particular, the Vienna Convention on the Law of Treaties (if it is accepted as customary international law) seems to prevent countries from withdrawing from a treaty unless that treaty specifies that withdrawal...

I am looking forward to the contributions to our “insta-symposium” on Ukraine and international law. I don’t have a tremendous amount to add at this point, except to point out that President Obama has been aggressive about accusing Russia of violating international law and about the importance of international law generally. This has gone beyond merely charging Russia with violation of the prohibitions on aggression and the use of force contained in the U.N. Charter. In his statement today, he took aim at the proposed referendum in Crimea on joining...

...already messy area of law incoherent in light of the Court’s own most recent precedent, as I noted in an OJ Insta-Symposium contribution last spring. What I’d like to explore now is another question raised by this terrific series of posts: the extent to which state law incorporating international law may authorize suits for causes of action arising abroad after Kiobel. This question is both especially urgent because it involves a potential alternative avenue for litigating human rights abuses abroad in U.S. courts, and especially vexing because it juxtaposes different...

This week on Opinio Juris, we continued to follow the situation in Ukraine as it unfolded with an insta-symposium. Alexander Cooley gave an overview of the power politics at play, while Chris posted about Russia’s use of legal rhetoric as a politico-military strategy, and about how language affects the evolution of international law. This last post built on a discussion between Julian and Peter in which Julian argued that the crisis shows the limits of international law, while Peter took aim at the Perfect Compliance Fallacy. Further issues of compliance...

...may further the informed discussion of this crisis. The Ukraine-Russia Crisis of 2022: Marc Weller, “Is Russia’s Bullying Illegal” (8 February 2022); Sophia Zademack & Luke James, “Western Weapons in Ukraine” (8 February 2022); Jennifer Trahan, “A Reminder of the Importance of the Crime of Aggression: Considering the Situation of Russia and Ukraine” (4 February 2022); David Scheffer, “Legal Principles Matter in Defense of Democracies” (17 January 2022). We also invite readers to explore any of our previous posts on Ukraine and Russia, including our Insta-Symposium on Ukraine from 2014....

...the Russian Federation. For more on the Ukraine crisis, see our insta-symposium here. Russia has made what may be a move towards taking part in talks over the Ukraine crisis, but is standing firm in its insistence that Crimea has a right to break away from Kiev’s rule. Germany’s Angela Merkel delivered a rebuke to President Vladimir Putin, telling him that a planned Moscow-backed referendum on whether Crimea should join Russia was illegal and violated Ukraine’s constitution. The EU has reiterated its earlier pledge to ink a trade deal with...

from the military hospital in which he was staying. The US is dispatching army planners to Jordan but is wary of direct American intervention in Syria. Human Rights Watch has urged Libya to allow access for Al-Senussi, char For readers who follow the US’ current conflict with al-Qaeda and affiliated forces closely, you may recall two guest posts (here and here) about a recent symposium entitled The Boundaries of the Battlefield. The organizers of that symposium (full-disclosure: I was one of them) have written a summary report on the symposium....

[Professor James Gathii, provides this timely insta-background on today’s decision by the the ICC prosecutor to open an investigation into the 2007 post-election violence in Kenya. Professor Gaathi teaches at Albany Law School, where he is the Associate Dean for Research and Scholarship and Governor George E. Pataki Professor of International Commercial Law. He publishes extensively on legal developments in sub-Saharan Africa.] The International Criminal Court’s Chief Prosecutor Luis Moreno-Ocampo on November 5, 2009 informed Kenyan President Mwai Kibaki and Prime Minister Raila Odinga that he had decided to request...