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Search: jose guerena

18 Aug

...its fifth anniversary with an issue guest-edited by Antje Wiener, and with a thematic issue focused on secession. The Journal is now returning to its general mandate, and is welcoming submissions on the wide variety of topics located in the intellectual space jointly occupied by International Law and International Relations. A joint venture of the University of Toronto Faculty of Law and the Munk Centre for International Studies, the Journal’s advisory board is comprised of scholars from both International Law and International Relations, including Kenneth Abbott, Jose Alvarez, Upendra Baxi,...
18.08.09 | |

29 Sep

As a member of the U.S. State Department’s Advisory Committee on International Law, I was asked to give my reactions to the International Law Commission’s release, on first reading, of a set of proposed articles on the Responsibility of International Organizations. (For the ILC’s report containing these draft articles and commentaries, see here). I was probably asked to undertake this task given my prior interest in these matters (see my 2006 speech to the Canadian Council of International Law, “International Organizations: Accountability or Responsibility?”). As my memorandum produced...
29.09.10 | |

24 Feb

...1. I was surprised by the Supreme Court’s Medellin 2008 decision. I spent four years at the State Department working on the case and spent my last day in government flying back from the Hague on Inauguration Day 2009 after receiving the judgment of the ICJ after Texas executed Jose Medellin. I had expected a majority of the Supreme Court to affirm the validity of President Bush’s February 2005 order directing state courts to comply with the ICJ’s 2004 Avena decision. I have heard a few die-hard critics suggest that...
24.02.12 | |

11 Jun

...Law, UNSW Sydney Sarah Joseph, Griffith University, Brisbane Mary Anne Kenny, Associate Professor in Law, Murdoch University Hala Khoury-Bisharat, Lecturer in law, Ono Academic College School of Law Pierre Klein, Professor of International Law, Université libre de Bruxelles Vaios Koutroulis, Professor of International Law. Université libre de Bruxelles Tally Kritzman-Amir, Visiting Associate Professor, Harvard University, Senior Lecturer The College of Law and Business Anne Lagerwall, Professor of International Law, Université libre de Bruxelles Liora Lazarus, Associate Professor in Law, University of Oxford Henning Lahmann, Senior Researcher, Digital Society Institute, ESMT...
11.06.20 | |

25 Mar

My former boss and Medellin’s counsel Donald Donovan (of Debevoise & Plimpton LLP) sends out this reaction to the Medelllin decision. Donald Francis Donovan of Debevoise & Plimpton LLP, New York, counsel to petitioner Jose Ernesto Medellín, in response to the March 25, 2008 decision of the United States Supreme Court in MEDELLIN v. TEXAS: We are disappointed in the Supreme Court’s decision, which is a departure from the original intent of the framers of the Constitution and over 200 years of enforcement of treaties by U.S. courts. But the...
25.03.08 | |

01 Jul

The U.S. Court of Appeals for the Second Circuit has rejected an appeal by Maher Arar, a Canadian national who is suing various U.S. government officials for injuries suffered during his “extraordinary rendition” shortly after 9/11 (h/t to Vince Vitowsky). The court, via Judge Jose Cabranes, held that Arar had failed to state a claim under the Torture Victim Protection Act and the Fifth Amendment of the U.S. Constitution, and that to the extent he had stated a constitutional claim, the court refused to create a cause of action in...
01.07.08 | |

23 Jul

...of the Consular Convention. As Bellinger notes, until such review takes place, the U.S. remains in non-compliance with the ICJ decision and the UN Charter. Moreover, the Supreme Court indicated in Medellin v. Texas that legislation, not to assertion of executive powers, is the only path to compliance with Avena — short of the individual states independently choosing to comply (an option rendered impossible following Texas’ execution of Jose Medellin last August). Bellinger rightly emphasizes the reciprocal nature of the Consular Convention and the protections it affords to Americans overseas,...
23.07.09 | |

12 May

...dictator Augusto Pinochet. Mr. Garzón was indicted last month on charges of abusing his powers. He has denied the charges. The appointment is a horrible idea, and a great disappointment after Moreno-Ocampo’s excellent appointments of Jose Alvarez and my colleague Tim McCormack. The charges against Garzon are transparently political, and I have no doubt that he has a wealth of knowledge and skills that, in theory, could be useful to the OTP. But the charges are still pending and there is no denying that Garzon is a polarizing figure, so...
12.05.10 | |

07 Aug

Two Pakistani soldiers were wounded in an exchange of fire with Indian troops along the disputed Himalayan region of Kashmir in the latest flare-up of tensions. The Leiden Law Blog has published an analysis on the Guatemalan genocide case against former president José Efraín Ríos Montt. The recent closures of US and UK embassies around the Middle East and Africa were allegedly prompted by intercepted messages from al-Qaeda leaders. Some national security and counterterrorism analysts are left shaking their heads in response as to why such a broad geographic range...
07.08.13 | |

01 Sep

...the Autumn 2024 edition of the International Law Colloquium, featuring a fantastic line up of international legal scholars from across the globe. The speakers will be presenting and discussing in-depth their works covering different aspects of international law and from different disciplinary perspectives. Presenters include (in chronological order): Oliver Diggelmann (University of Zurich), Franziska Sucker (University of Witwatersrand), Hélène Tigroudja (Aix-Marseille University), Gail Lythgoe (University of Edinburgh), Prabhakar Singh (BML Mujal University), Francisco-José Quintana (EUI/University of Cambridge), and Anna Petrig (University of Basel). The detailed program can be accessed here....
01.09.24 | |

08 Oct

...is focusing on the fact that Liu is only the third recipient to receive the prize while in prison, the first two being German opposition journalist Carl von Ossietzky and, of course, Aung San Suu Kyi. But since 1960, there have been many other recipients honored for political dissent, including Martin Luther King, South Africans Albert Lutuli, Desmond Tutu, and Nelson Mandela, pro-democracy dissidents Kim Dae-jung, Carlos Belos, and Jose Ramos-Horta, and Communist dissidents Lech Walesa, Andrei Sakharov, and the Dalai Lama. The Chinese government has responded to the announcement...
08.10.10 | |

09 Jul

...to act on Ecuador’s request, arguing that under Article 3 of its Constitution, “it is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character”. Ecuador pledged to comply with Interpol’s decision, and attempted to lower the profile of the issue, said the Miami based El Nuevo Herald. The end of the story? Guess again. A couple of days ago, Abelardo de la Espriella, a controversial Colombian lawyer, pressed domestic criminal charges for terrorism against Gustavo Larrea and Jose Ignacio Chauvin,...
09.07.09 | |