Yesterday's oral argument in Morrison v. National Australia Bank Ltd gave strong indications that the Court was prepared to extend the territorial limitations of Hoffman-La Rouche v. Empagran to the securities fraud context. Morrison involves a class action brought by foreign plaintiffs against a foreign stock issuer on a foreign exchange for alleged fraud that occurred on foreign soil....
The Eleventh Circuit in United States v. Frank has ruled that a child sex trafficking statute applies extraterritorially. The statute, 18 U.S.C. § 2251A, provides that: “[w]hoever purchases ...
The general consensus among comments to my post last week on the previously-unacknowledged U.S.-Japanese security agreements was "no big deal." These pacts reinforce an already well-developed practice of states doing deals--whether legally binding or political commitments--without U.N. registration or public disclosure. Similarly, they reinforce existing views of Executive authority to conclude sole-executive agreements on defense-related matters for the United States. So, if everyone's OK with such...
Here is another persuasive account of why the U.S. is disadvantaged by not joining the UN Convention on the Law of the Sea. The case is fairly simple: There is a lot of oil and natural gas up there, and the U.S. can't negotiate with other countries to divvy it up until it signs on to UNCLOS. The 5.5 million-square-mile area...
In the long-running battle between Chevron and Ecuador over environmental damage, a federal court in New York has denied Ecuador's motion to stay arbitration of a Ecuador-U.S. BIT claim. In September 2009, Chevron filed a notice of arbitration alleging, among other things, that "Ecuador has breached ...
It is always unpleasant to get lectured by foreign governments about "violating international law", but this is something U.S. government officials should be used to. Still, it must be galling for the new U.S. administration to be lectured by Brazil's president over U.S. non-compliance with a WTO ruling on cotton subsidies. The United States must comply with a World Trade Organization...
As I have noted earlier, there is a pitched battle between victims of Pan Am 73 terrorist hijacking over the distribution of treaty funds secured by the United States for American victims in a 2008 diplomatic settlement with Libya. The treaty and Executive Order stipulate that the money shall be distributed solely for the benefit of United States nationals,...
Politico (linked here to Yahoo) carries a story today on a letter drafted by Benjamin Wittes and signed by a number of conservative and centrists lawyers, former Bush administration officials, and policy analysts on conservative attacks on the role of lawyers in terrorism cases - the so-called Al Qaeda 7 at the Justice Department. I'm one of the signers, but...
That's a bit of an overstatement, but this review of Michael Byers' latest book: Who Owns the Arctic: Understanding Sovereignty Disputes in the North, reminds me of the surprising legal positions taken by Russia, Canada, and the United States over the legal status of the Northwest Passage. It is ironic that while Russia supports Canada's claim to the Northwest Passage, the...
As Opinio Juris readers know, the U.S. Supreme Court heard arguments on Wednesday in the case of Samantar v. Yousuf (briefs and transcript available here), which asks the Court to interpret the 1976 Foreign Sovereign Immunities Act. Commentators, including OJ’s own Julian Ku, have reported that the Justices seemed “unconvinced by all sides” (Julian’s words) and that none of the...
My new Weekly Standard essay - although “polemic” is probably closer to it. And thanks, Julian, for the plug below! Well, regular readers have been hearing about this piece for a while, and I have posted various arguments from it (concerning targeted killing and Predator drones and the CIA and armed conflict and self-defense, and my general concern that the...
