In association with the International Commission of Jurists

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17 Apr

One of the enduring puzzles for international law and international relations scholars is determining when and why states resort to international dispute settlement and when and why they don't. Last week, a tribunal constituted under the Permanent Court of Arbitration issued a decision delimiting the maritime boundary between Barbados and Trinidad & Tobago, thus (partially) settling a long-time dispute between...

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17 Apr

Last week, the Appellate Body of the WTO Dispute Settlement Body issued a ruling finding that the U.S. government improperly calculated the level of duties it imposed on Canadian lumber, in the long-running never-ending struggle between U.S. and Canadian lumber producers. The gist of this dispute is that the U.S. is claiming the right to impose duties on Canadian lumber on...

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16 Apr

In his first Easter address, Pope Benedict XVI called on the international community to bring relief and security in Africa, peace in Iraq and in the Holy Land, assistance to the Palestinians, recognition of Israel, a diplomatic solution to the nuclear crisis with Iran, and an end to the threat of terrorism. If one wanted to identify the top...

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14 Apr

According to the Southern Poverty Law Center, there were 762 active hate groups in the US as of 2004, ranging from neo-Nazis to the KKK to black separatists. To date, however, the Department of Homeland Security has not issued a single Homeland Security Assessment warning us about one of those groups. It has, however, just issued the following...

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14 Apr

In addition to my treaties obsession, I seem to be spending more and more time each year following the U.S. national pasttime – baseball. This year, in addition to the on-the-field action, attention has swirled around the question of doping – who used steroids to amplify their physical performance, when did they use it, and what should baseball do about...

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14 Apr

I want to recommend a wonderful book written by a dear friend and occasional collaborator, Brandt Goldstein. As the title indicates, it's the remarkable — and true — story of how a group of students at Yale Law School and Harold Koh shut down Guantanamo Bay in the early 1990s, when it was being used to illegally detain a group...

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14 Apr

Melissa Waters over at Concurring Opinions discusses Justice Kennedy's speech at the ASIL and asks, "Is there anything new to be said on the subject of the role of foreign and international law in U.S. courts?" Good question. Here are a few suggestions: For those who propose a role for foreign and international law in constitutional interpretation,...

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14 Apr

I don't know how I missed this, but in late March prosecutors from Poland's National Remembrance Institute, a government organization that investigates communist-era crimes, filed charges against General Wojciech Jaruzelski, Poland's final communist leader, for unconstitutionally imposing martial law in 1981. The move, which was designed to eliminate the Solidarity movement, led to the imprisonment of tens of...

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14 Apr

Yesterday the New York Times had a lengthy, fawning obituary of William Sloane Coffin. Coffin was an historic figure who had his share of shining moments (1961 Freedom Rider) and controversial anti-war tactics (1967 draft dodging demonstrations). While he was far too much of an establishment anti-establishmentarian for my taste, give him credit for being a minister...

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13 Apr

The Rwandan government has appointed a commission to investigate France's role in the country's 1994 genocide. The commission, which is slated to begin work on April 16th, includes Jean de Dieu Mucyo, Rwanda's Prosecutor General and a genocide survior, as well as Brigadier General Jerome Ngendahimana, a senior officer in the Rwanda Armed Forces (FAR) during the genocide. The...

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13 Apr

Liberal Oasis has an enlightening post about the warm relationship between the Bush administration and Teodoro Obiang Nguema Mbasogo, the president of Equatorial Guinea — a relationship that can only be explained by the U.S.'s interest in the country's plentiful oil reserves, given its equally plentiful political repression (emphasis in the original): Yesterday, Condi Rice stood next to Equatorial Guinea President...

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13 Apr

In yet another interesting twist on the role of the WTO to address volatile political issues, the House of Representatives last week passed a resolution calling on Saudi Arabia to live up to its WTO commitments by ending the economic boycott of Israel. H. Con. Res. 370 provides: That it is the sense of the Congress that--(1) Saudi Arabia...

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