David Hicks is back in the news here in Australia, because the DPP has announced that it intends to seize any royalties he receives from the sale of his book, Guantanamo: My Journey. The DPP's decision has received a great deal of criticism, for a variety of reasons: Hicks accepted a plea because the US government threatened to put him...
Having just returned from Asia, which is awash in disputes over territorial sea rights and exclusive economic zones, the U.S. domestic debate over ratification of the Law of the Sea Convention seems almost quaint. Unlike pretty much every country in East Asia, the U.S. does not have any serious boundary or other kind of dispute that is likely to be...
The International Court of Justice issued a "provisional measures" order today in a dispute between Thailand and Cambodia over a World Heritage temple located near or on the boundary between the two nations. The request for provisional measures was brought by Cambodia, which sought the withdrawal of Thai troops from around the temple. The ICJ granted this request, but went...
Passed along by Tony Anghie: The Asian Society of International Law will be holding its Third Biennial Conference in Beijing, China, on August 27th and 28th. The topics that will be addressed include human rights, international economic law and private international law, the law of the sea, climate change, disaster management, and the international law relating to security and conflict. A...
Members of Falun Gong have filed suit against Cisco, alleging the company collaborated with the Chinese government to develop and maintain “Golden Shield” technology. As a result of this technology, Falun Gong members have allegedly suffered “severe and gross abuses, including false imprisonment, torture, cruel assault, battery, and wrongful death.” The complaint, filed by my former colleague Lee Boyd and...
The Melbourne Journal of International Law is delighted to be continuing our partnership with Opinio Juris. This week will feature three articles from our most recent issue. The full issue is available for download here. On Monday, Douglas Arner and Ross Buckley will discuss their article ‘Redesigning the Architecture of the Global Financial System’. Examining the history of global financial governance...
According to a press release today, the OTP is conducting a preliminary examination into whether two recent North Korean attacks on South Korea qualify as war crimes: The shelling of Yeonpyeong Island on the 23 November 2010 which resulted in the killing of South Korean marines and civilians and the injury of many others; and The sinking of a South...
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...
[Opinio Juris is delighted to post these remarks by Professors Evan Fox-Decent (McGill) and Evan Criddle (Syracuse) on the fallout from the allegations that their article was plagiarized by a member of the Philippines Supreme Court] We are writing to lend support to the University of Philippine’s College of Law, which now faces a very serious charge of contempt from the...
Back in July, I noted this story out of the Philippines, which alleged that a justice of the Philippines Supreme Court had plagiarized (and distorted) an article by Evan Criddle and Evan Fox-Descent in the Yale Journal of International Law (and featured here at Opinio Juris). (see the comment under the original post for a comment by Professor Criddle). Well, things...
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...
Brad Roth has sent along a link to this New York Times editorial, which begins: If a country sinks beneath the sea, is it still a country? That is a question about which the Republic of the Marshall Islands — a Micronesian nation of 29 low-lying coral atolls — is now seeking expert legal advice. It is also a question the...
