In association with the International Commission of Jurists

Author: Roger Alford

02 Oct

Today the Second Circuit issued the long-awaited decision of Presbyterian Church of Sudan v. Talisman Energy. The case--written by a Bush 41 appointee (Jacobs) and joined by two Clinton appointees (Leval and Cabranes)--is important for many reasons, but it is especially important in (1) accepting the possibility of corporate liability under the ATS, (2) accepting that international law rather...

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13 Sep

1. All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Universal Declaration of Human Rights (1948) It is a curious feature of international human rights that we are reluctant to speak about foundations. As Jacques Maritain put it with respect...

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08 Sep

The Ninth Circuit last week argued that it did not have personal jurisdiction over DaimlerChrysler Corporation AG because it did not have continuous and systematic contacts with the forum. The case of Bauman v. DaimlerChrysler AG arose out of the alleged kidnapping, detention and torture of Argentinian citizens in Argentina by Argentinian state security forces acting at the direction...

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28 Aug

Like Duncan, I had my first week of public international law. In a brief introductory discussion on customary international law one of the students asked, "How does a practice that has achieved the status of customary international law cease to become customary international law?" It is an interesting question. We spend plenty of time in international law...

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24 Aug

Kathleen Sullivan has filed a petition for certiorari (2009 WL 2173302) in Abdullahi v. Pfizer arguing that there is a circuit split on the question of corporate liability under international law: There is no general international common law of torts. Thus, to establish subject matter jurisdiction under the ATS for a violation of international law by a private corporation or individual,...

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23 Aug

I received this notice that I thought our readers may find of interest: The National Law School of India Review (NLSIR) is the flagship journal of one of India's premier law institutions, the National Law School of India University, Bangalore. The NLSIR is a peer-reviewed journal, and is published twice a year. The latest issue - Volume 21(1) - included contributions...

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12 Aug

Last week I wrote a post suggesting that the federal "cash for clunkers" program did not violate the WTO subsidies program because it did not have the de facto or de jure effect of discriminating against foreign imports. But what about the broader Obama stimulus program? Does that pass WTO muster? This article from Bloomberg published last week...

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07 Aug

Last month the Eleventh Circuit in Valencia-Trujillo v. United States rendered an unusual decision that required the court to decide whether a state was acting "pursuant" to a treaty. If it was, the defendant had standing to pursue the action. If it was not, then he had no such standing. In extradition jurisprudence, the so-called “specialty rule” provides that...

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04 Aug

The government's new "cash for clunkers" program has been wildly successful. Under the program, consumers may receive up to $4,500 towards the purchase of a new, more fuel-efficient vehicle. What is surprising is the impact this it is having on consumer spending patterns regarding domestic vs. imported vehicles. According to press reports, more than 70% of the...

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01 Aug

Um, somehow I don't think the analogy works: The nation – its economy and political body – has been strapped down, blindfolded and hosed. A new administration, empowered by control of both houses of Congress and the most liberal president in history, is immersing us all in a torrent of debt. While we gasp for breath and try to cry "Time...

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31 Jul

Since 1876 the House of Lords has served both as the court of last resort and the upper house of Parliament. In response to concerns for separation of powers, the Constitutional Reform Act of 2005 put an end to the judicial role of the House of Lords effective today, July 31, 2009. Marko Milanovic has an interesting post on...

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