Two environmental stories worth noting: The High Court of Nigeria has ordered Shell to stop gas flaring in Delta State by 2007. The order follows an earlier decision by the High Court -- ignored by Shell, which has said that it intends to continue the practice until 2009 -- that gas flaring violates Nigerians' constitutional rights to life and dignity....
So Iran is now a member of the nuclear club. What are the ramifications of this momentous news? I do not feel competent to discuss this subject in detail, but fortunately top nuclear experts met at a Council on Foreign Relations' meeting in New York last week to discuss Iran's nuclear development and production. Here is the transcript of...
The International Court of Justice, the "principal judicial organ of the United Nations", celebrates its sixtieth anniversary today with a solemn sitting at 2:30 GMT (about the time this post goes up). What is a "solemn sitting"? I am not really sure, but various dignitaries will attend, speeches will be made, and (hopefully) cake will be eaten. ...
Here is an amusing example of the type of legal drafting nearly unique to international lawyers: The delimitation shall extend from the junction of the line that is equidistant from the low water line of Barbados and from the nearest turning point of the archipelagic baselines of Trinidad and Tobago with the maritime zone of a third State that is to...
I want to thank Roger for posting on the Pineda case (see below). I agree with most of his analysis, but I want to jump in here with a brief addendum. I would go farther than Roger and call this decision a win-win-win-win for the Administration. The first holding of the court is exactly the position the administration has argued -...
The National Security Archive has uncovered a secret agreement between the National Archives and various military and intelligence agencies to conceal the reclassification of thousands of pages of declassified documents, some of which had been declassified for nearly 50 years: The National Archives and...
A federal district court in Washington D.C. last week ruled that an alleged Colombian terrorist is not a lawful combatant within the meaning of the Geneva Conventions. The case involved a criminal indictment filed against Junvenal Pineda (a.k.a. Simon Trinidad) for conspiracy to commit hostage taking, hostage taking, aiding and abetting and causing an act to be done, and material...
I’ve been coming to terms lately with the fact that I’m obsessed with treaties. Now, to some, this might be a strange subject for an obsession, but I really do like treaties – I like to read newly negotiated treaties; I like to debate who can make treaties, not to mention my interest in comparing how different states interpret...
The African Union has established a commission to investigate accusations that its peacekeepers in western Darfur have been sexually abusing civilian women. Specific allegations include an 11-year-old girl's claim that she was paid for sex then raped by an AU soldier. The AU describes the allegations as "disturbing," but notes that similar allegations have been investigated and found...
This question is not necessarily relevant to the very hot immigration debate in the United States. Mexico's government has raised this slightly, however, in its sometimes harsh criticism of U.S. immigration policies. But Mexico also receives many immigrants. Can Mexico be accused of imposing a double-standard on the U.S.? Some conservatives have suggested this. The answer isn't quite as...
This interesting report on the results of the ICJ's witness testimony confirms my suspicions about the inadequacy of the ICJ's fact-gathering ability in this sort of case. The question here is whether to allocate state responsibility to Serbia for violations of the Genocide Convention. This requires evidence on, among other things, was there a genocide and was it...
This Reuters article nicely highlights how international tribunals have become a growth industry, at least for the Hague (and also for Arusha, Tanzania). The unquestioned capital of all of this is The Hague, which is home to the International Court of Justice, the International Criminal Court, the Yugoslavia Criminal Court, and soon, perhaps, the trial of Charles Taylor by...
