In association with the International Commission of Jurists

Regions

21 Jan

The proposed anti-homosexuality legislation introduced by Ugandan parliament back-bencher David Bahati is creating an international outcry. The bill--introduced as a private member's bill without government support--would impose the death penalty for "aggravated homosexuality," defined as "sex with a minor or a disabled person, where the offender is HIV-positive, a parent or a person in authority over the victim, or...

|
13 Jan

The Trial Chamber has granted certification to appeal its decision upholding the Registry's selection of Richard Harvey as stand-by counsel. Here are the relevant paragraphs: 10. With regard to the first limb that must be met before certification to appeal can be granted under Rule 73(B) of the Rules, the Chamber notes that the Decision Denying Motion to Vacate concerned the...

|
12 Jan

The transcript for the oral argument in Abbott v. Abbott is out, raising the difficult question of what constitutes a right of custody within the meaning of the Hague Convention on the Civil Aspects of International Child Abduction. The treaty grants a parent the right to have a child returned to the child’s country of habitual residence if...

|
06 Jan

My former Pepperdine colleague, Kathryn Lee Boyd, has just filed a fascinating complaint relating to the distribution of funds secured by a treaty between the United States and Libya on behalf of U.S. victims of Libyan-sponsored terrorism. The facts as alleged in the complaint of Davé v. Crowell & Moring are complex. In brief, Libya has been implicated in terrorist...

|
05 Jan

As its title suggests, When Cooperation Fails has two distinct aims.  The specific empirical aim is to provide a definitive and theoretically informed account of one of the most bitter and politically charged international disputes of the past two decades, between the United States and the European Union over the regulation of genetically modified foods and crops.  Our theoretical aim,...

|
04 Jan

I know this sounds like the title of a movie franchise, but Brad Roth of Wayne State has alerted me to an op-ed in today's New York Times that deals with both Somali piracy and unrecognized separatist regions. Jay Bahadur writes: There might be another way to make greater strides against pirates. However, it would involve allying ourselves with a place that...

|
24 Dec

The Trial Chamber has -- completely unsurprisingly -- rejected Dr. Karadzic's motion challenging Richard Harvey's appointment as stand-by counsel.  As I explained in a previous post, that challenge was based on three grounds: (1) Harvey's appointment violates Article 21(4) of the ICTY Statute, which provides that a defendant has the right “to communicate with counsel of his own choosing” and...

|
24 Dec

Sixty-six years ago today, President Franklin Roosevelt addressed a national radio audience to discuss his recent meeting with Winston Churchill and Joseph Stalin at the Tehran Conference. Stalin secured commitments to open up a second front against Germany. Roosevelt secured a commitment from Stalin to support an international security organization. 1943 was the turning point in the...

|
17 Dec

I want to interrupt our Copenhagen focus to briefly flag a conversation that's on-going over at EJIL: Talk!  My Temple Law colleague, Jeff Dunoff, along with Joel Trachtman (The Fletcher School) recently put out a new work--Ruling the World? Constitutionalism, International Law and Global Governance (Cambridge, 2009), which is the focus of EJIL's latest on-line symposium.  Here's a description of the book project in brief: Ruling...

|
16 Dec

The Copenhagen process is multilateral, focused on reaching global agreements. But to get to a strong and truly effective global climate regime, bold bilateral initiatives may be needed. The conditions are propitious for a deal between China and the US, the world’s largest and second largest emitters, but that will call for imaginative and committed leadership on both sides as...

|