One of the remarkable differences between the Obama Administration and the Bush Administration in terms of international litigation is the utter silence of this State Department in filing amicus briefs and/or statements of interest. I know that Harold Koh has only been Legal Adviser since June and Sarah Cleveland has only been Counselor on International Law since September, but...
This story from the New York Times about the corruption of Teodoro Obiang certainly hits close to home. His $35 million dollar estate in Malibu is just down the hill from Pepperdine. Several times a year, Teodoro Nguema Obiang arrives at the doorstep of the United States from his home in Equatorial Guinea, on his way to his...
I am forwarding this call for papers from Tim Waters at Indiana to be presented at a forthcoming conference on the Milosevic trial. Looks like a great event. The Indiana University Maurer School of Law, Russian and East European Institute and Center for West European Studies announce a major conference in Bloomington, Indiana on February 18-21, 2010. The conference...
The Fifth Circuit earlier this month issued a highly unusual decision addressing whether state law could "reverse preempt" the New York Convention. As any student of international arbitration knows, state law occasionally attempts to limit the enforceability of arbitration agreements. Such a policy is preempted by the New York Convention as implemented by the Federal Arbitration Act. ...
On Friday, November 13, the International Legal Theory Interest Group of the ASIL will sponsor a scintillating event on the role of ethics in international law. The event will be held in Washington D.C. at the Tillar House and the Cosmos Club. Details here. Here's the breakdown of the panel discussion: Panel 1: Ethics in Public International Law (9:15)...
As I reported here, the two cases of Sullivan v. Florida and Graham v. Florida present the best opportunity for constitutional comparativism since Roper v. Simmons. We apparently are an international outlier and the Convention on the Rights of the Child, with 190 parties, categorically prohibits JLWOP for everyone under the age of eighteen. But from reading the transcripts...
My friends David Sloss, Michael Ramsey, and Bill Dodge are the editors of a remarkable forthcoming book on The U.S. Supreme Court and International Law: Continuity or Change?. They have gathered an all-star cast of scholars to address the role of international law in Supreme Court jurisprudence from 1860 to the present. The book will be published by...
In my public international law class today I taught the material from the Dunoff, Ratner and Wippman book on the Rwandan genocide and recourse to the gacaca courts. The readings focus on Amnesty International's criticism of the gacaca system as failing to meet international minimum standards of due process for criminal defendants. Unfortunately, the book does not attempt...
My colleague Trey Childress has a nice summary of the recent decision by a federal court in Florida in Osorio v. Dole Food Company to refuse to enforce a $97 million Nicaraguan judgment. Here's the key excerpt of the decision: “the evidence before the Court is that the judgment in this case did not arise out of proceedings that comported...
Curtis Bradley and Jack Goldsmith have a nice piece in Green Bag on foreign sovereign immunity as applied to current and former government officials. The article tees up the issues that will be presented in Samantar v. Yousef. Here is a key part of their argument: We agree with those courts that have concluded that suits against individual foreign...
Today it was announced that Barack Obama has been awarded the Nobel Peace Prize. One cannot fully understand the reason for any Nobel peace award until December 10 (Nobel’s birthday), when the Laureate makes an acceptance speech and the head of the Nobel Committee explains their thinking in conferring the award. The official announcement alludes to the new...
With the Supreme Court term now underway, here is a summary of the most important cases that relate to international law. A few of the cases address fairly technical issues of statutory and treaty interpretation, while others have the potential to be quite significant for our discipline. I have organized the cases according to my sense of most...
