Saturday, June 7, 2008
An article by William B.T. Mock, Jr. at The John Marshall Law School in Chicago uses information theory and game theory to examine corporate codes of conduct and how they can promote human rights. The article explores the benefits of transparency imports some concepts from game theory. Click here to read more and to download the article.
The District of Columbia Bar Association holds a lunchtime program on Monday, June 23, 2008 on Developments and Practice Tips before the U.S. Court of International Trade. The speaker is Tina Potuto Kimble, Clerk of the U.S. Court of International Trade. The moderator will be Paul Brinkman of Alston & Bird, where the session will be hosted (950 F Street NW, Washington DC). To register visit the DC Bar Website.
Friday, June 6, 2008
Professor Leila Nadya Sadat, the Henry H. Oberschelp Professor of Law and Director of the Harris World Law Institute at the Washington University School of Law in St. Louis was unanimously elected as the next President of the International Law Students Association (ILSA). She is the first woman to lead the international organization, which is based in Chicago and which runs the Philip C. Jessup International Law Moot Court Competition among its other activities.
She will follow the highly successful presidential term of Ambassador David Scheffer, the Mayer Brown/ Robert A. Helman Professor of Law and Director of the Center for International Human Rights at Northwestern University School of Law in Chicago. He was previously the U.S. Ambassador at Large for War Crimes Issues (1997-2001) and led the U.S. delegation in the United Nations during talks establishing the International Criminal Court.
Ambassador Scheffer, who is well known in a number of international law circles, was congratulated and thanked profusely by the ILSA board for his leadership of the International Law Students Association. He was also remembered by one board member today for his appearance on the Daily Show on April 9, 2003 with Jon Stewart, where he more than held his own in defending the United Nations and its role in international dispute resolution. Click here to see the eight minute video! You'll enjoy it.
It was that appearance on the Daily Show that led an acquaintance of his to convince him to judge a final Jessup Round, after which the Board convinced him to take up the Presidency of the Organization. See what can happen from going on the Daily Show?
Ambassador Scheffer noted that his successor is a well respected international law scholar whose work, vision, and energy will bring great benefits to ILSA for years to come.
ILSA is planning activities for its anniversary celebrations, and is looking to get back in contact with former Jessup participants and former Jessup judges from around the world.
For more information about ILSA, visit www.ilsa.org.
For more information about the ILSA Quarterly, click here.
Mark E. Wojcik, Professor of Law at The John Marshall Law School in Chicago (and new board member of the International Law Students' Association)
The Section on International Law of the Association of American Law Schools has issued a call for papers to be presented at the AALS Annual Meeting in San Diego California on Friday, January 9, 2009. The deadline for submitting papers or proposed papers is August 15, 2009. Here are the details:
PROGRAM TOPIC: Taking International Law Seriously: Will the United States Abide by International Law that is a Law of Rules?
PROGRAM SUMMARY: For the world at large, the rule of law is a law of rules. Most states understand international law in this way. When the United States seemingly departs from those rules, the world criticizes us. Cynics say that we are just another superpower that does not want to be bound by rules. Might the explanation lie elsewhere: not in cynicism, but in different conceptions of law and of its application? When Americans look at international law, they look at it from a common law perspective. When American courts apply international law to facts, they do so as common law courts. Might this explain why Americans sometimes come to different conclusions about what international law requires than do their foreign counterparts?.Papers are to be presented on January 9, 2009 at the AALS Annual Meeting in San Diego, and are to be published in a special volume of IUS GENTIUM, a scholarly series published by Springer, one of the world's largest academic publishers, and available on WestLaw and Lexis.
PAPER SUBMISSION AND SELECTION PROCEDURE: No later than August 15, 2008 interested speakers should submit proposals by e-mail to email@example.com. You may submit either a three-to-five page summary or a draft paper. Draft papers, unless the submitter requests otherwise, will also be considered by the editors of IUS GENTIUM for publication in the volume mentioned above..Members of the AALS Executive Committee of the Section on International Law will select two or more presenters from among the responses to this Call for Papers. The Committee encourages junior scholars and scholars of diverse backgrounds from the United States and from foreign countries to submit proposals. The Section may have available limited funds to support one foreign scholar to travel to the United States to speak at the program..For further information contact:
James R. Maxeiner
Associate Professor of Law and Associate Director
Center for International and Comparative Law
University of Baltimore School of Law
1420 N. Charles St.
Baltimore MD 21201
Here are deadlines for the 2009 Jessup Competition.
Registration for the 2009 Philip C. Jessup International Law Moot Court Competition will open next month (July 2008).
The anticpated release date of the 2009 Jessup Compromis will be September 23, 2008.
The first batch of basic materials will be distributed in October 2008. This is a collection of international law research materials for all student teams, designed to ensure that all teams throughout the world have access to information regardless of budget or resources in their home institutions.
The deadline for requests for clarifications to the Jessup problem will be October 20, 2008.
The regisistration deadline for U.S. teams will be November 3, 2008.
The registration deadline for non-U.S. teams will be November 28, 2008.
The second batch of basic materials is due to be released in December 2008.
The deadline for submission of memorials will be Monday, January 12, 2009.
Regional and national rounds will be held in January and February 2009. Specific dates will be posted on the Jessup websitze as they become available.
The Shearman and Sterling International Rounds will be held from March 22-28, 2009 in Washington, D.C.
The World Championship Round will be held on March 28, 2009.Click here for a one-page summary of all the deadlines. . Click here for more information about ILSA. . ILSA will be celebrating the 50th anniversary of Jessup and is looking to locate all former competitors and judges.
The Philip C. Jessup International Law Moot Court Competition is the world's largest moot court competition, with participants from over 500 law schools in more than 80 countries. The competition is a simulation of a fictional dispute between countries before the International Court of Justice, the judicial organ of the United Nations. Representing both sides of the argument, each Jessup team is required to prepare oral and written pleadings.
Thursday, June 5, 2008
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The Presidents and Prosecutors for the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have asked the U.N. Security Council for support in pressuring Serbia and Rwanda to do more to find the most-wanted fugitives. Read more here.
The ICTY and ICTR were established under Chapter VII of the United Nations Charter, which is the Chapter dealing with the powers of the U.N. Security Council to act with respect to threats to peace, breaches of the peace, and acts of aggression.
Hat tip to Cranston Knight. Photos courtesy of the United Nations,
Following the U.S. Supreme Court's decision in Medellin v. Texas, which held that the 2004 judgment of the International Court of Justice in Avena was not directly enforceable as domestic law in the United States, Mexico has filed a request today with the International Court of Justice to interpret the Avena judgment. Mexico also asked for the urgent indication of provisional measures.
Mexico invoked article 60 of the Statute of the International Court of Justice, which allows the ICJ--upon request of any party--to construe the meaning or scope of a judgment. "In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party."
Mexico asked for urgent preliminary measures because the State of Texas has set an execution date of August 5, 2008 for Jose Ernesto Medellin Rojas. Mexico is seeking to prevent his execution, and the execution of others named in the request.
The U.S. Supreme Court judgment in Medellin found that neither the Avena judgment nor a presidential memorandum to the U.S. Attorney General constituted binding law that would displace state procedural default rules.
Volume 47 of International Legal Materials will include an introductory note to the Medellin case. Click here.
The International Law Students Association is the group that organizes the Philip C. Jessup International Law Moot Court Competition. The competition is held around the world (see the photo here of students participating in China).
ILSA is inviting law schools and publishers to advertise in its student magazine, the ILSA Quarterly.
The ILSA Quarterly features articles written by students, scholars and practitioners concerning timely issues of international law and related topics, as well as information on ILSA projects, study abroad programs, LL.M. programs, and career opportunities in the field of international law. Each issue reaches thousands students at law schools around the globe.
The ILSA Quarterly is published four times during the U.S. academic year. The December issue is focused on study abroad programs. The February issue is dedicated to LL.M. programs. (I suppose that you could promote an LL.M. program in December and a study abroad program in February if you really wanted to.)
Sample copies of the Quarterly are available on the ILSA website. Click here.
Law schools may also include information about study abroad programs and LL.M. degree programs in the ILSA Quarterly at no cost. The Free Listing forms can be found online by clicking here.
Hat tip to Jill Schmieder Hereau, Programs Coordinator for the International Law Students Association. Click here to contact her with any questions about ILSA or the ILSA Quarterly. You can also visit the ILSA website at http://www.ilsa.org/
Wednesday, June 4, 2008
The Chronicle of Higher Education is reporting today that the Israeli military has now allowed four of the seven Fulbright awardees from Gaza to travel to Jerusalem for visa interviews at the U.S. Consulate. The Israeli military reversed an earlier ban on travel for these the students after the State Department, the Israel Supreme Court, and the Education Committee of the Isreali Knesset strongly criticized the policy that prevents hundreds of Palestinian students from leaving Gaza to study at universities in other countries.
Click here to read an earlier post on this issue, in which the U.S. announced that it was withdrawing the Fulbright awards. Those Fulbright awards were reinstated following strong criticism.
The International Court of Justice issued a decision in Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France). The Court found that France failed to comply with its international obligation under article 17 of the 1986 Convention on Mutual Assistance in Criminal Matters. France had failed to give Djibouti the reasons for refusing to execute a letter rogatory presented to France by Djibouti in 2004. The ICJ found that its finding of a violation constitutes appropriate satisfaction. The court rejected all other claims by Djibouti.
The Court noted that this case marked the first time that jurisdiction was based on Article 38(5) of the Rules of the Court, a provision introduced in 1978 which allows a state that proposes to found the jurisdiction of the ICJ upon a consent that has not yet been manifested or given by another state. Complicated? Sure. From such issues are Jessup problems written.
Judges Ranjeva, Koroma, and Parra-Aranguren wrote a separate opinion. Judge Tomka and Judge ad hoc Yusuf also appended separate opinions. Judges Owada, Keith, and Skotnikov appended declarations to the judgment. Happy reading.
Greetings from Galway, Ireland. I am here with law students in a summer study abroad program. One of the big upcoming events in Ireland is the June 12 referendum on the Lisbon Treaty, a scaled down version of the defeated EU Constitution. Here are examples of posters that are found all over Galway. Conventional wisdom right now is that the vote is still very close.
Tuesday, June 3, 2008
The U.S. Supreme Court decision in Medellin v. Texas involved the issue of whether a state of the United States needed to apply a decision of the International Court of Justice interpreting the Vienna Convention on Consular Relations (VCCR). Medellin did not address the obligation of the federal government itself under the VCCR to provide consular notice when it is the one that arrests or detains a foreign national.
We have learned that the United States may be systematically violating the VCCR by failing to provide consular notice when it detains a foreign national at the international terminal of a U.S. airport, arriving from a foreign destination. The position of the U.S. government in at least one major point of entry is that notice is not required because the foreign nationals have not yet "entered" the United States.
Although the foreign person may not have entered the United States for purposes of U.S. immigration law, the VCCR does not require "entry" into the country in order to trigger the obligation to provide consular notice. The position that notice is not required would seem to violate the VCCR and many bilateral treaties that require consular notice.
Professor Cindy Buys of Southern Illinois University and I have written about this in the ABA International Law News and in The Globe, published by the Illinois State Bar Association Section on International and Immigration Law.
Cindy Buys & Mark E. Wojcik, If the U.S. Detains Foreign Visitors Arriving at the Airport, Is Consular Notice Required?, 45:8 The Globe 11 (May 2008) (newsletter of the Illinois State Bar Association Section on International and Immigration Law).
Cindy Buys & Mark E. Wojcik, U.S. Airport Arrests without Consular Notice May Violate Treaties, 37:2 International Law News 18 (Spring 2008) (newsletter of the American Bar Association Section of International Law).
The next meeting of the Chicago International Dispute Resolution Association will be held on:
June 24, 2008
8:00-9:15 a.m. at
Wildman Harrold Allen & Dixon LLP.
225 W. Wacker Drive, 30th Floor
Chicago, IL 60606
The featured speakers will be H. Roderic Heard and Susan L. Walker, who will discuss commercial arbitration in China and their recent visit to the country as part of a delegation surveying “Arbitration in China.” The visit to China involved a series of informative meetings at various Chinese arbitral forums, including the Hong Kong International Arbitration Center, the Beijing Arbitration Center, China International Economic and Trade Arbitration Commission (CIETAC), and several other institutions.
H. Roderic Heard is a Partner at Wildman Harrold Allen & Dixon LLP. Mr. Heard has extensive experience in arbitration, serving as an arbitrator for the American Arbitration Association and the International Institute for Conflict Prevention and Resolution in a variety of commercial, securities and financial arbitration matters. In addition, he has been an advocate for many parties in domestic and international arbitrations and is an adjunct professor of international commercial arbitration at Northwestern University and DePaul University Law Schools.
Susan L. Walker is an arbitrator, mediator and lawyer. An active practitioner, Ms. Walker also teaches dispute resolution at Northwestern and DePaul University Law Schools.
The host for this event is H. Roderic Heard and Wildman Harrold Allen & Dixon LLP. If you want to attend, please send a note to Vesna Pehar-Pavlovic by Friday, June 20, 2008.
Hat tip to Peter Baugher, President of the Chicago International Dispute Resolution Association
This article from Sunday's Business Standard indicates that the Doha Round of the WTO regarding trade in services will not result in an opening of India's legal services market to foreign law firms.
The Indian Bar Council has engaged in discussions with its counterparts from the United States, France, and the United Kingdom over the past two years, discussing the possibility of allowing foreign lawyers or law firms to establish presences in India. At present, foreign law firms make their presence felt in India through low-key agreements with Indian firms.
The article mentions resistance from the Indian bar to foreign competition, as well as regulatory hurdles. Those hurdles include limitations on the number of partners a firm can have and local ownership requirements.
Tip of the hat to Samir Kaushik and Andrew Nash, WU Law Class of 2008
This week, the European Central Bank (ECB) celebrates its 10 year anniversary with a look back at the success of the euro. The euro became a reality for European businesses in 1998 and for consumers in 2002, when euro-demominated bills and coins became legal tender. Today, it is the common currency for 15 countries and 320 million people. The euro has been remarkably successful in fulfilling its primary mandate to keep inflation in check. Over the last 10 years, prices have risen only an average of 2.1 percent per year, despite the recent spike in energy and food prices. There has been a wide divergence in the economic performance of different European countries since the introduction of the euro, with Germany doing poorly during the first part of the decade and states like Spain, Italy and Greece enjoying fast growing economies. Those positions are now reversed. The challenge for the ECB going forward will be to make monetary policy for an increasing number of smaller European states while keeping inflation in check for stronger economies like Germany.
Monday, June 2, 2008
Brazil complained of U.S. domestic support measures for agriculture, export credit guarantees, and other measures said to subsidize export and domestic content. The product at issue was upland cotton and other products covered by export credit guarantees. Third parties in the case were Argentina, Australia, Benin, Canada, Chad, China, Chinese Taipei, European Communities, India, Japan, New Zealand, Pakistan, Paraguay, Thailand, and Venezuela.
Among its findings, the WTO Appellate Body upheld the finding that the effect of the subsidy through marketing loan program payments, market loss assistance payments, and counter-cyclical payments was a significant price suppression causing serious injury to Brazil's interests.
Click here for the findings and conclusions of the Appellate Body. If you would like the full report, click here.
The International Court of Justice has fixed the briefing schedule for Ecuador's Aerial Herbicide Spraying case against Colombia. Click here. Ecuador has until April 29, 2009 to file its memorial. Ecuador has until March 29, 2010 to file its counter-memorial.
Sunday, June 1, 2008
The Brazilian Branch of the International Law Association (ILA-Brazil) announced that the 73rd ILA Biennial Conference will be held in Rio de Janeiro from August 17 to 21, 2008. Registration is now open at www.ilabrasil.org.br/ila2008.