What happens to litigation that obviously should be pursued in a foreign country but is prevented from doing so by a forum non conveniens blocking statute? That's the question presented in a recent Florida state court case of Scotts Co. v. Hacienda Loma Linda. Here are the basic facts: Scotts sells a product to Hacienda that allegedly...
In response to Roger's recent survey, many of you called for more international law discussion here at Opinio Juris. In that spirit, here's an interesting nationality question to ponder as you enjoy your New Year's Day celebrations: It was already a packed flight from Amsterdam to Boston, but passengers and crew were more than happy to make room for one extra...
Germany has sued Italy before the ICJ challenging successful Italian lawsuits that have denied Germany's sovereign immunity arising out of World War II forced labor claims. The ICJ press release is here. Here is Germany's key argument: “In recent years, Italian judicial bodies have repeatedly disregarded the jurisdictional immunity of Germany as a sovereign State. The critical...
With Samuel Huntington's passing on December 24th, I thought I'd post something on his "clash of civilizations" theory. Then I came across the following couple of posts from Strange Maps that not only relate to Huntington's interests, but are quite interesting in their own right. They illustrate the ongoing interrelation of geography, culture, and historical boundaries on modern domestic and...
As Ken mentioned yesterday, we are extremely grateful for our readers. Lest we grow too comfortable with our incessant pointed discussions, please feel free to offer us any constructive criticism for how to improve OJ in 2009. We really do want to know if we are barking up the wrong tree. So please fill out the survey below...
To all OJ readers, Merry Christmas to all of you who celebrate it, and the loveliest holidays and best wishes to everyone everywhere. Peace and goodwill on earth, and may you and your families and loved ones look forward to a good new year. I know I speak for everyone at OJ in saying that we are honored to have...
Since 1955 NORAD (and its predecessor CONAD) has tracked Santa’s each Christmas Eve and has answered questions for boys and girls about his progress. NORAD’s Santa tracking service uses interactive maps updated every few minutes at http://www.noradsanta.org. As Santa stops in each location, you can click an icon to learn more about that part of the world. There are also...
Great interview in Newsweek by Rod Nordland of Somali pirate Shamun Indhabur. My favorite quote is the pirate's plea for good government: Why has there been such an increase Somali piracy? In Somalia all the young men are desperate. There is wide unemployment in the country, there are no sources of income. One of the only sources we have had...
The Third Circuit recently had to determine whether a "joint statement" between Germany and the United States regarding Holocaust settlement created a private right of action for alleged violations of Germany to pay interest on the $10 billion DM settlement fund. It presents an interesting question of whether the document should be interpreted to create a private right of...
Scott Horton has a typically excellent post today at Harpers.org discussing the perversity of right-wing commentators who defend the use of torture. But I was troubled by the following comment about the ICC, which he offers in agreement with an old editorial by David Rivkin and Lee Casey: Rivkin’s history is much like that of Reynolds and Goldberg. Back when the...
No, I don't mean Obama's foreign policy. The Foreign Relations of the United States is the official documentary historical record of major U.S. foreign policy decisions and significant diplomatic activity; and these days it's in trouble. The tip of the iceberg is the fracas described here and here between the Historian of the Department of State Marc Susser and the Advisory Committee on...
It turns out that all is not lost for the Lisbon Treaty (aka the EU Reform Treaty). It had all the markings of an unperfected treaty after Ireland gave it a "no" vote this past summer via a referendum. (Interestingly, Ireland was the only state to hold one, since negotiators had designed the Reform Treaty to avoid such reviews given what they did to the...
