From the Court's press release: Today, 26 April 2013, Leiden University won the final round of the International Criminal Court (ICC) Trial Competition, English version, held in ICC Courtroom I in The Hague (Netherlands). Osgoode Hall Law School of York University (Canada) and Bond University (Australia) won, respectively, second and third place. The Best Speaker award went to Katherine Stewart of...
Professor Craig Allen of University of Washington alerts me to this excerpt from the press conference held yesterday at China's Ministry of Foreign Affairs. It is the first time, as far as I know, that a Chinese government spokesman has offered a detailed explanation of China's legal position in the Philippines arbitration. It still doesn't fully make sense, or...
This week 170 garment workers in Bangladesh died after the Rana Plaza building collapsed. A few months ago 112 garment workers in Bangladesh died after the Tazreen Fashions garment factory was destroyed by fire. Both tragedies were the result of inadequate fire and safety standards. These tragedies could not have come at a worst time for major...
Yesterday, President of the International Tribunal for the Law of the Sea, Shunji Yanai, announced the appointment of the final three members of the Annex VII UNCLOS tribunal. International Tribunal on the Law of the Sea (ITLOS) President Shunji Yanai on April 24 transmitted a letter to Philippine Solicitor General Francis Jardeleza, head of the Philippine legal team on the arbitration...
Longtime readers know that I have often criticized (unfairly in many readers' eyes) the snail's pace of dispute resolution before the International Court of Justice. I respect the ICJ as an institution, but I have never thought it has lived up to its potential as the "principal judicial organ" of the United Nations. On the other hand, I will give...
Professor David Kaye has a thoughtful essay in the latest issue of Foreign Affairs analyzing the growing level of cooperation between the U.S. and the ICC. He correctly notes that the U.S. is not only no longer actively hostile, but it has taken various steps in recent years to actively support the work of the ICC (most notably in Uganda against...
[Apologies for all the random short posts, I think what make blogging interesting, sometimes, is that one can think out loud online. Dangerous, I know, but fun too!] Here is one quick take: As Deborah noted below, the Supreme Court voted 9-0 that the Kiobel plaintiffs should be dismissed because their claims against a foreign corporation for actions in a foreign...
Interestingly, the four liberal justices would have also dismissed the Kiobel plaintiffs on a different theory: that this case (involving actions by a foreign corporation against foreign plaintiffs in a foreign sovereign's territory) does not "substantially or adversely affect an important American national interest...
It is worth noting that Justice Kennedy offered a very short concurrence. Here is the complete text of his concurrence, which should hearten ATS supporters that there is some room for future extraterritorial ATS cases (a very small room, I guess). The opinion for the Court is careful to leave open a number of significant questions regarding the reach and interpretation...
Here is the bottom line of the Roberts' opinion, which makes it sound like this whole ATS thing is really a simple application of Morrison v. National Australia Bank. On these facts, all the relevant conduct took place outside the United States. And even where the claims touch and concern the territory of the United States, they must do so with...
(UPDATE: Whoops, Ken beat me to the punch. Still, look here for more comments soon.) Here is the opinion. I am just going through it now, but it looks like the ATS is going to be severely restricted on territoriality grounds for the near future. More from all of us later on today....
The Asahi Shimbun is running a couple of interesting features on the International Court of Justice and Japan's relationship with it. One essay features interviews with Japan's current and former members of the ICJ: President Owada and former vice-president Oda. The other explores what might happen if Japan were to somehow send its disputes with China and Korea to the...
