In association with the International Commission of Jurists

Author: Roger Alford

01 Dec

I had a colleague ask an interesting question, "If Julian Assange is indicted and detained in London, would the U.S.-U.K. extradition treaty authorize extradition to the United States?" There's not an easy answer. The U.S.-U.K. Extradition Treaty requires "double-criminality"--the offense must be punishable in both States. Not surprisingly, the United Kingdom imposes criminal penalties for disclosing state...

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29 Nov

Harold Koh has warned Wikileaks of the dire consequences to the United States resulting from the publication of over 250,000 classified documents. But I doubt that Julian Assange and Wikileaks cares much about the damage done to our nation from this breach. What they presumably do care about is criminal prosecution. As Marc Thiessen at the Washington...

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19 Nov

This Google published an extremely useful and interesting white paper on the 21st-century Internet trade agenda. The basic argument is that the Internet will never reach its full potential if governments continue to impose restrictions on the free flow of information. The statistics included in the report are amazing. Online traffic has increased by 66 percent in the past five...

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10 Nov

In the past twenty years the world of investment arbitration has taken the commercial world by storm. There are over 2,750 bilateral investment treaties and almost every one of them has an arbitration provision. Investment arbitration is now a prominent feature of the arbitration landscape. Just as BITs have proliferated in recent years, so too have free...

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08 Nov

"By no means should Google Maps be used as a reference to decide military actions between two countries." That's the official response from Google to news reports that Nicaragua invaded Costa Rica based on Google's improper drawing of the border. Details from the Tico Times. And no, the link is not to the Onion. The more serious question...

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03 Nov

Yesterday voters in Oklahoma voted overwhelmingly (70% in favor to 30% against) to ban the use of international law and Sharia law in state courts. It appears that the referendum will be headed to the courts for review, for as my colleague Michael Helfand has noted, the ban on Sharia law may well be unconstitutional under the First Amendment. The...

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28 Oct

Last week I had the privilege to attend an investment arbitration conference and FDI moot court competition at Pepperdine. Kudos to Murdoch University of Australia for winning the competition and my alma mater NYU for winning the highest overall ranking. There was much to ponder in the conference from the likes of Andrea Bjorkland, Todd Weiler, Anna Joubin-Bret...

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22 Oct

Yesterday a federal district court granted Chevron's motion under Section 1782 to discover communications and interactions that Steven Donziger and others affiliated with the Lago Agrio plaintiffs had with Ecuadorian courts, the Ecuadorian Special Master, and the Ecuadorian government. The order was in furtherance of Chevron's efforts to respond to a criminal investigation brought in Ecuador against two Chevron...

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14 Oct

Terribly sad news today on the death of Louis Henkin. Here's the message from Columbia Law School Dean David Schizer: I'm very sorry to report that our colleague, Lou Henkin, passed away this morning. Lou has been a towering presence here at the Law School since he joined the faculty in 1962. His intellectual and personal contributions were...

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12 Oct

If passed, the House bill, "Currency Reform for Fair Trade Act" (H.R. 2378) has all the markings of a major trade battle before the WTO. At bottom, the law requires the United States administrative agencies to treat currency manipulation as a subsidy that would be subject to countervailing duties equal to the benefit to exporters conferred by the manipulation. The...

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08 Oct

Today's announcement that Chinese political dissident Liu Xiaobo has won the Nobel Peace Prize is welcome news. The award is consistent with a longstanding tradition of the Nobel Peace Prize to honor political dissidents. In announcing the prize, the Nobel Committee stated that "The campaign to establish universal human rights also in China is being waged by many...

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