In association with the International Commission of Jurists

Courts & Tribunals

28 Oct

[Michael D. Goldhaber serves as Senior International Correspondent and "The Global Lawyer" columnist for The American Lawyer and the ALM media group. His writes widely on human rights and corporate accountability, international arbitration, and global multiforum disputes. His e-book on Chevron will be published next year by Amazon.] The ongoing media circus surrounding the Chevron v. Donziger trial in New York federal court makes it easy to forget that the arbitration between...

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26 Oct

Wim Muller, an associate fellow in international law at Chatham House, takes issue with my observation that China's rejection of Annex VII UNCLOS Arbitration may have influenced Russia's similar rejection of UNCLOS proceedings in the Greenpeace arbitration.  Other commenters take issue with my further claim that Russia's rejection is another "body blow" to ITLOS dispute settlement. I offer my ("typically...

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23 Oct

[Update below] It looks like China has started a trend. In a surprising statement (at least to me), Russia has announced it will not participate in the ITLOS arbitration brought by the Netherlands related to the detention of Greenpeace activists last month. “The Russian side has informed the Netherlands and the International Tribunal for the Law of the Sea that it...

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15 Oct

China's U.N. Ambassador made a typically anodyne statement recently to the U.N. General Assembly on the Rule of Law at National and International Levels. But there are a few interesting nuggets worth noting that reflect China's skeptical attitude toward international adjudication. Anyone who follows the Chinese government's diplomatic statements will know that it repeatedly stresses the U.N. Charter's obligation on states to seek...

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10 Oct

In my previous post on the Taylor appeal, I noted two troubling aspects of the Appeals Chamber's judgment concerning customary international law: (1) its erroneous belief that legal principles that narrow criminal responsibility have to have a customary foundation; and (2) its hypocritical affirmation that recklesness is the mens rea of aiding and abetting (which goes beyond the ICTY and ICTR)...

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03 Oct

I'm late to this story, which has already outraged Greenpeace and other supporters worldwide. Greenpeace activists who were seized while protesting against Arctic oil drilling face up to 15 years in a Russian jail after being formally charged with piracy. The 14 charged include four British nationals. Kieron Bryan, a freelance videographer, and the activists Alexandra Harris, Philip Ball and Anthony Perrett were all accused of...

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02 Oct

[Judge Howard Morrison is a Judge at the ICTY and the ICC] Dr. Philipp Ambach deals with a topic that is contemporary and contentious. In a world where the globalisation of most aspects of human life and endeavour is readily apparent it cannot be that case that those who engage in commercial, and often highly profitable, enterprises that have an impact upon...

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27 Sep

As one commenter to Ken's post on the draft UN Security Council Resolution notes, there will be no Security Council referral to the ICC on Syria. Currently there is one paragraph in the draft resolution expressing the Security Council's "strong conviction that those individuals responsible for the use of chemical weapons in the Syrian Arab Republic should be held accountable;"  That's not...

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22 Sep

Wow! I kind of assumed all the posturing and tough talk from U.S. and ICC officials would scare off Sudan's President Bashir from visiting NY next week to address the UN General Assembly.  But it appears he really is coming. Sudanese President Omar Hassan al-Bashir, wanted by the International Criminal Court on genocide charges, said on Sunday he planned to attend...

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20 Sep

Recent commentary on Bashir’s request for a US visa to attend the 68th General Assembly has focused on US obligations to grant Bashir a visa under Section 11 of the UN – US Headquarters Agreement. See Julian's post here. Pursuant to this agreement, there is little doubt that the US must permit his transit to the UN despite the fact that...

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12 Sep

I've been following Argentina's travails in the U.S. courts with great interest, even penning an oped on the subject back in January on their standoff with sovereign debt creditors in Ghana.  Argentina and the so-called "holdout" creditors have been battling out their dispute in the federal courts of New York for years.  So it is interesting to note that Argentina...

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