In association with the International Commission of Jurists

Courts & Tribunals

28 Nov

The Associated Press has a confusing and muddled account of the consequences of Colombia's withdrawal from the Bogota Pact (American Treaty on Pacific Settlement), which had committed Colombia to the ICJ for disputes with other signatory states.  Here is where the AP account doesn't make much sense (or is flat out wrong): Legal experts, however, said [Colombian President] Santos’ announcement was unlikely,...

|
28 Nov

Still smarting from the ICJ's judgment last week awarding rights to Nicaragua over territorial waters claimed by Colombia, President Juan Manuel Santos announced that Colombia is withdrawing from the 1948 Bogota treaty granting jurisdiction to the ICJ to resolve disputes between signatories.   Since Colombia was obviously the host to the treaty's creation and (until now) had made no limitations...

|
27 Nov

I haven't blogged about Chevron lately, because there has not been much news to report. But I want to mention an excellent article discussing plaintiffs' efforts to force Chevron to pay at least part of the judgment. The article is written by a financial analyst associated with the investment website Seeking Alpha, so it has no particular ideological...

|
23 Oct

Contra Peter, there was one indisputable reference to international law in last night's U.S. presidential debate. Mitt Romney repeated his argument that Iran's president should be indicted for inciting genocide.  This idea has spawned quite a bit of reaction, especially from the lefty blogosphere. One typical reaction, from Greg Sargent, suggests that Romney is turning his back on his famously...

|
15 Oct

Argentina is, to put it bluntly, one of the world’s greatest sovereign deadbeats, defaulting on its sovereign bonds more than once as well as bearing the distinction of being the world’s number one respondent in ICSID arbitration claims (or at least close to number one).  Last week, the ongoing struggle between foreign creditors and Argentina found a new flashpoint as...

|
05 Oct

On September 19, the Supreme Court of Nevada ordered a new evidentiary hearing for Mexican national Carlos Gutierrez on his ability to overcome the State's procedural bars to further consideration of his death sentence.  I've posted a copy of the court's order here. Gutierrez was one of 51 Mexican nationals whose convictions and sentences were the subject of the ICJ's Avena decision....

|
03 Oct

The Japanese Prime Minister made clear in remarks yesterday that he has no intention of proposing international arbitration to settle or mediate the ongoing Senkaku/Diaoyu Island dispute with China.  Indeed, China's government-controlled English language paper, noted the inconsistency of Japan's position given its willingness to send its similar dispute with South Korea to the ICJ. (A point I noted here). Noda...

|
20 Sep

The former owners of the Senkaku/Diaoyu Islands, whose sale to the Japanese government has unleashed hundreds of violent anti-Japan protests across China, are calling for Japan to send the dispute to the International Court of Justice. China is very outspoken about its position over the Senkaku Islands, but Japan has its own position as well, and it needs to get that...

|
24 Aug

I hope this statement by Assange's legal team is just seeking leverage for negotiations, because I think their claim would be blown out of the water by the ICJ. It would be an international embarrassment for Ecuador. Actually, it would be a further international embarrassment for Ecuador, which is already beginning to seem a little ridiculous in its involvement in this...

|
21 Aug

While I am at it, I might as well flog my most recent piece on China's relationship with international tribunals and international adjudication more generally.  This study, which attempts to document all of China's treaties that include compulsory dispute resolution clauses (excepting bilateral investment treaties), concludes that China is unlikely to become a strong supporter and participant in mechanisms of...

|