A couple of years ago, I praised the winning design for the ICC's permanent home but acknowledged that I preferred a different one. I'm happy to report that I was wrong, at least aesthetically: the Court's new headquarters are absolutely beautiful. Here are a few photos: You can tell the Court's staff is eager to move into their new home, because there is...
Simon Lester of Worldtradelaw.net and the Cato Institute offered a very interesting pro-free trade argument against the inclusion of investor-state dispute settlement (ISDS) in trade agreements like the TransPacific Partnership or the Transatlantic Trade and Investment Partnership. I disagree and we discussed and debated the issue today in a lively conversation hosted by Columbia University's Center for Sustainable Investment. ...
The BBC charts the latest back-and-forth between China, the U.S. over the Spratly Islands and, especially, navigation in the South China Sea. Much of the discussion of this issue has focused on the increased pace of China construction and land reclamation on series of islands and reefs, changing the “facts on the ground” to bolster its territorial and maritime claims....
The U.S. and eleven other Pacific Rim countries announced they have reached agreement on the Trans Pacific Partnership trade agreement, which will more tightly integrate 40% of the world's economy into a single regional bloc. There will be a huge fight in Congress over the TPP by progressive Democrats in the U.S. Even presidential candidate Hillary Clinton has already announced...
In late 2014, the Office of the Prosecutor rejected a request by Comoros to open a formal investigation into Israel's attack on the Mavi Marmara. To my great surprise, the Pre-Trial Chamber (Judge Kovacs dissenting) has now ordered the OTP to reconsider its decision. The order does not require the OTP to open a formal investigation, because the declination was based...
Sea Shepherd, the activist group that has been aggressively protesting Japanese whaling practices, has filed a very interesting petition for certiorari with the U.S. Supreme Court. Readers may recall that Sea Shepherd was sued by a group representing Japanese whalers under the Alien Tort Statute (ATS). The Court of Appeals for the Ninth Circuit held that Sea Shepherd's actions of...
I have not been surprised by the swelling opposition in the U.S. (mostly from the progressive left) against proposed trade agreements with Pacific and European nations (TPP and TTIP). But I am mildly surprised by the way in which TPP and TTIP opponents have zeroed in on the inclusion of investor-state arbitration mechanisms as a rallying point for their opposition....
I am slammed with a couple of projects right now, but I can't help throwing this question out to the legal blogosphere. Does the new "Bipartisan Trade Priorities and Accountability Act" recently introduced by leading U.S. Senators violate the U.S. Constitution's bicameralism and presentment requirements as stated by the U.S. Supreme Court in INS v. Chadha? The BTPAA seems crucial as...
Negotiations over the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP) have highlighted the growing debate over investment arbitration. Last week the New York Times published an article summarizing objections to the TPP investment chapter. The article notes that politicians, law professors and liberal activists “have expressed fears the provisions would infringe on United States...
Glenn Reynolds of Instapundit (and of the University of Tennessee Law School) has a short op-ed in USA Today celebrating the first official US government statement of support for the private exploitation of resources on the moon. As Reynolds describes it: Bigelow [a private US company] has decided that it wants to go to the moon, and — here's the real...
Josh Marshall at Talking Points Memo certainly thinks so: Which brings us back to Roger Ver, variously known as a "Bitcoin entrepreneur" or the "Bitcoin Jesus." Ver is now a citizen of Federation of Saint Kitts and Nevis. He was so excited about avoiding taxes that as soon as he became a Nevisian he set up yet another start up that...
I'm sure most of us will go see the live-action movie version of PADDINGTON, which recently hit the big screen. And we will do so, of course, because we are interested in what Paddington's residence status says about the UK's harsh immigration laws. Fortunately, Colin Yeo has prepared a nice primer for us at the Free Movement blog, run by...
