October 18, 2008
International Criminal Court Seeks More Material on Darfur Arrest Warrant
The pre-trial chamber of the International Criminal Court (ICC) has given prosecutors one month to submit additional materials related to their request for an arrest warrant for Sudanese President Omar al-Bashir for alleged war crimes, including genocide, in the strife-torn Darfur region. The ICC pre-trial chamber issued a decision requesting prosecutors submit the additional supporting material relating to the arrest warrant by 17 November. Click here to read more.
Austria, Japan, Mexico, Turkey, and Uganda Elected to U.N. Security Council
The U.N. General Assembly has elected Austria, Japan, Mexico, Turkey and Uganda to serve as non-permanent members of the Security Council for two-year terms starting on 1 January next year. They will replace Belgium, Indonesia, Italy, Panama and South Africa when their terms on the 15-member body expire at the end of this year. Election to the Security Council is by secret ballot in the U.N. General Assembly. To be a winning candidate, a country must receive two-thirds majority of ballots of members present and voting. Formal balloting takes place even where there is only one declared candidate per available seat for a region.
In the African category, Uganda received 181 votes from the 192 members of the General Assembly. Madagascar, which was not a declared candidate, received two votes. Mexico was the only declared candidate in the Latin American and Caribbean grouping, and it picked up 185 votes. Brazil received one vote and there were six abstentions.
In the African category, Uganda received 181 votes from the 192 members of the General Assembly. Madagascar, which was not a declared candidate, received two votes. Mexico was the only declared candidate in the Latin American and Caribbean grouping, and it picked up 185 votes. Brazil received one vote and there were six abstentions.(mew)
October 17, 2008
ASIL Full-Day Symposium on Distributive Justice and International Economic Law
The American Society of International Law's International Legal Theory Interest Group will hold a program on "Distributive Justice and International Economic Law." The program is supported by the University of Baltimore School of Law, University of Nebraska College of Law, Boston College Law School, and University of La Verne College of Law. The speakers include Daniel Butt (Oxford), Jeff Dunoff (Temple/Harvard), Carol Gould (Temple), Robert Hockett (Cornell), Aaron James (UC Irvine), Jan Klabbers (Helsinki), Chin Leng Lim (Hong Kong), Sanjay Reddy (Columbia), Kamal Saggi (Southern Methodist), Barbara Stark (West Virginia) Fernando Tesón (Florida State), Chantal Thomas (Cornell/Am. U. Cairo), and Joel Trachtman (Tufts). The all-day event will be Friday, November 7, 2008 at the ASIL, 2223 Massachusetts Avenue, NW, Washington, DC 20008.
Career Advice for International Lawyers
Here's a link to a popular article on Practical Career Advice for Young International Attorneys: How to Build a Killer Resume, Network Effectively, Create Your Own Opportunities, and Live Happily Ever After. Click on the link, and then on "Download."
And here are links to other articles that law students have found helpful. Click on the link, and then on "Download." You might have to register your email address, but it is not a big deal to do so and you'll then have access to the great research resources on SSRN.
October 16, 2008
International Legal Research
Our friends at the Law Librarian Blog have posted about electronic research resources from the United Nations. Click here.
U.S. Commercial Service
Venue: Seattle, WADate: December 2-3, 2008Learn more/register:http://www.buyusa.gov/seattle/bis.html
Designed to help companies create or enhance their export compliance programs, the seminar will focus on industry best practices of effective export management and compliance programs. The objective is to help companies efficiently manage their export compliance requirements by implementing strategies and safeguards that can minimize the risk of an export violation. Officials from the Bureau of Industry and Security, the Census Bureau and the State Department’s Office of Defense Trade Controls will conduct the seminar.
Event: PACK EXPO International 2008/U.S. Commercial Service International Buyer Program (IBP)Venue: Chicago, ILDates: November 9-13, 2008Learn more: http://www.packexpo.comPACK EXPO International 2008 will focus on the latest developments in packaging technology and will showcase exhibitors’ state-of-the-art advance in packaging machinery, converting machinery, materials, packages and containers and components. PACK EXPO 2008 will feature over 1700 companies and will host over 30,000 decision-makers from over 125 countries. PROCESS EXPO will be co-located with PACK EXPO and will feature over 550 exhibiting companies. PROCESS EXPO will focus on the newest developments in processing technology to meet the challenges faced by the industry's food, beverage and pharmaceutical manufacturers. If you are exhibiting at the shows, please visit the International Business Center to take advantage of the services provided to exhibitors by the IBP, including export counseling, matchmaking services, and access to industry and country specific market analysis..
Date: November 4, 2008Learn more/register: http://www.buyusa.gov/northeastohio/aesseminar.htmlOn September 30, 2008, the Census Bureau’s new Foreign Trade Regulations requiring mandatory filing of export information through the Automated Export System (AES) went into effect. This seminar will help you understand the export regulations, your responsibilities under the laws, the filing of required export information through AES, and Schedule B classification requirements..Venue: Your computerDate: November 6, 2008Time: 11:00 am ETLearn more/register: http://www.buyusa.gov/europe/team_ev! ents.htmlREACH is a major reform of EU chemicals policy, affecting all global supply chains that produce and use chemicals, including sectors like electronic and electrical equipment, automotive, aerospace, cosmetics, textiles, and paints. December 1, 2008 is the deadline for REACH pre-registration. Failure to pre-register means that these chemicals will be banned for export to Europe. This event will address important questions surrounding REACH, including deadlines and timelines, pre-registration, the Candidate List, new developments in REACH, and appointing Only Representatives..Venue: Your computerDate: November 12, 2008Time: 1:00 pm ET / 10:00 am PT! Cost: $45 Learn more/register: http://www.buyusa.gov/pacificsouth/mexicowebinar.html
The U.S. Commercial Service is collaborating with Comerica Bank and FedEx to bring you an informational webinar on exporting to Mexico. You will learn how to find buyers, get paid, and ship your goods. For new-to-export companies, learn to mitigate risks and challenges in structuring your financial interactions in Mexico. Topics will include an overview of the Mexican market and business opportunities; an introduction to export finance and insurance payments; and transportation and logistics according to NAFTA regulations.
,Thinking About Expanding Your International Sales? Think Thailand Thailand is the United States' 24th largest trading partner. Two-way trade in 2007 was approximately $31 billion. From 2006-2007, U.S. exports to Thailand grew by 4 percent. Thailand’s economic growth has created opportunities for U.S. compan! ies in a number of infrastructure sectors, including electrical power, telecommunications and renewable energy. Thai consumers are creating opportunities for new sales of U.S. medical products, cosmetics, security equipment, food supplements and educational services. Thailand also continues to look for U.S. suppliers of automotive accessories, defense equipment, broadcast equipment, food processing and packaging equipment, and laboratory and scientific instruments. Learn more about this market: http://www.export.gov/articles/marketofmonth/mom_thai.asp.Looking for a comprehensive overview of how to export? For more than 70 years, A Basic Guide to Exporting has been the resource that businesses have turned to for answers to their questions about how to establish and grow overseas markets for their products and services. Whether your firm is new to exporting or in need of a refresher on the latest ideas and techniques, this comprehensive guide, now completely revised and updated, provides the nuts-and-bolts information you will need to meet the challenges of the world economy. Due out in late October, advance orders are being accepted at http://bookstore.gpo.gov/actions/GetPublication.do?stocknumber=003-009-00733-0.
October 15, 2008
ICJ Orders Provisional Measures in Georgia v. Russian Federation
In an 8-7 vote today, the International Court of Justice (ICJ) issued an Order for provisional measures in the Case Concerning the Application of the Convention Against All Forms of Racial Discrimination (CERD) brought by Georgia against the Russia Federation. In its August 2008 Application to the Court, Georgia alleged that the Russian Federation, acting through its own organs and through South Ossetian and Abkhaz separatist forces under Russia's direction and control, "has practised, sponsored and supported racial discrimination through attacks against, and mass-expulsion of, ethnic Georgians, as well as other ethnic groups, in the South Ossetia and Abkhazia regions of the Republic of Georgia." Georgia further alleged that the Russian Federation seeks to consolidate changes in the ethnic composition of South Ossetia and Abkhazia resulting from its actions "by preventing the return to South Ossetia and Abkhazia of forcibly displaced ethnic Georgian citizens and by undermining Georgia’s capacity to exercise jurisdiction in this part of its territory." Georgia contends that "[t]he changed demographic situation in South Ossetia and Abkhazia is intended to provide the foundation for the unlawful assertion of independence from Georgia by the de facto South Ossetian and Abkhaz separatist authorities."
In reponse, Russia contends that Georgia has failed to respect the peoples' right of self-determination in those territories. Russia also claims that it has acted as a mediator and a guarantor of peace and security in the region and has not engaged in discrimination within the meaning of CERD. Moreover, Russia alleges that CERD is limited in its territorial application as well as its scope and does not apply to this dispute.
In its Order, the ICJ first determined that it has jurisdiction pursuant to the dispute resolution clause (Article 22) of CERD because there is a disagreement between States parties to the CERD as to the scope and application of the treaty. The Court further states that its "power to indicate provisional measures under Article 41 of the Statute of the Court has as its object the preservation of the respective rights of the parties pending the decision of the Court, in order to ensure that irreparable prejudice shall not be caused to rights which are the subject of dispute in judicial proceedings." The Court further states that the Court is not called upon to establish the existence of breaches of CERD, but to determine whether the circumstances require the indication of provisional measures for the protection of rights under CERD. At this stage, the Court is not making definitive findings of fact or finding of attribution. Nevertheless, the Court states that "the rights in question in these proceedings, in particular those stipulated in Article 5, paragraphs (b) and (d) (i) of CERD, are of such a nature that prejudice to them could be irreparable; . . .the Court considers that violations of the right to security of persons and of the right to protection by the State against violence or bodily harm (Article 5, paragraph (b)) could involve potential loss of life or bodily injury and could therefore cause irreparable prejudice; . . . the Court further considers that violations of the right to freedom of movement and residence within a State’s borders (Article 5, paragraph (d) (i)) could also cause irreparable prejudice in situations where the persons concerned are exposed to privation, hardship, anguish and even danger to life and health; and . . . the Court finds that individuals forced to leave their own place of residence and deprived of their right of return could, depending on the circumstances, be subject to a serious risk of irreparable prejudice." Therefore, the Court finds that the indication of provisional measures is required for the protection of rights under CERD. The ICJ calls on both parties to refrain from any acts of racial discrimination and to ensure, without distinction as to national or ethnic origin, the security of all persons, the right of freedom or movement and residence, and the protection of property of displaced persons and refugees.
Clarity is an international organization promoting plain legal language. There are 1,019 members in 52 countries and jurisdictions (depending on how you count the Isle of Man, but there is only one member there).
Professor Joseph Kimble is the USA representative for Clarity. Click here to send him a message. Other country representatives are found in Argentina, Australia, Bangladesh, Brazil, Canada, China, Finland, Hong Kong, India, Israel, Italy, Japan, Lesotho, Malaysia, Mexico, New Zealand, Nigeria, Philippines, Portugal, Singapore, Slovakia, South Africa, Spain, Sweden, the United Kingdom, and Zimbabwe. If you live or work in one of those countries, send a note to Joe and he'll pass it along to your country representative. You can also visit their website by clicking here. The website has a number of great resoruces.
You get a great magazine when you join -- I have been enjoying it for many years now. Each issue expands my understanding of how we as teachers in the U.S. are connected to a global community of educators, practitioners, and jurists who are interested in the same goal of clear communication. I'm just looking at issue number 58, which has articles such as "What Makes a Document Readable?" I believe that the magazine started 1n 1983, so it should be celbrating its 25th anniversary right about now.
I urge you to join. Really, I do. It's US $35 a year if you're living in the United States, and similar fees for other countries. But join for more than a magazine. There are 205 members of Clarity in the United States (more members than in Australia or South Africa, but fewer than England). That number should increase, and Clarity should hold more functions and meetings in the United States. We'll all benefit.
As for upcoming events, Clarity will hold its third international conference in Mexico City from November 20-23, 2008. It will be co-hosted by Clarity and the Mexican Government Underministry of Public Administration, which is responsible for Mexico's plain-language project. More information on this is at the website listed above.
October 14, 2008
WTO - Open Session on Zeroing Dispute and Sunset Reviews
At the request of the parties in the dispute “United States — Measures Relating to Zeroing and Sunset Reviews” — Recourse to Article 21.5 of the Dispute Settlement Understanding (DSU) by Japan (DS322), the Panel has agreed to start its meeting with the parties on 4 November 2008 with a session open to public viewing at the WTO Headquarters in Geneva. Click here for more information.
October 13, 2008
Pictures of U.S.-Iranian Hostage Crisis
For professors who are teaching the Dames & Moore v. Reagan case or the Diplomatic and Consular Staff Case, both of which arise from the 1979 Iranian Hostage Crisis, there are some great photos from the crisis available on the BBC website. The photos can be accessed here:
Columbia Law School Sexuality and Gender Law Clinic Intervenes in Case Before the European Court of Human Rights
The Columbia Law School Sexuality and Gender Law Clinic was granted intervener status in a case pending before the European Court of Human Rights (ECHR). The case, M. v. United Kingdom, seeks a ruling on the obligations that nations have to protect victims of sex trafficking. The case was brought by a young woman who was sex trafficked to the United Kingdom and subsequently denied asylum there.
The intervention, similar to an amicus brief, argues that state parties to the European Convention on Human Rights must, under the Convention’s anti-slavery provision, consider providing residency to sex trafficking victims who are trafficked into their territory. The submission shows that sex trafficking and slavery are fundamentally linked human rights violations, an argument widely accepted internationally.
Congratulations to Professor Suzanne B. Goldberg, Director of the Sexuality and Gender Law Clinic, and to her students working on the case: Bradley Mullins, Jennifer Ryan and Abram Seaman. Click on their names to send them an email if you want more information about the case.
Iceland and the IMF
The financial system in Iceland collapsed last week. The government took over the last of three major banks and shut down the stock exchange. Click here to read more about that collapse, and the probability that Iceland will have to turn to the International Monetary Fund for Help.
October 12, 2008
SEALS - Call for Papers to be Presented at Annual Meeting
The Southeastern Association of Law Schools (SEALS) invites the submission of papers in response to its annual Call for Papers. Those who submit the best papers will be asked to present them at the next annual meeting of SEALS, which is scheduled for August 2 - 8, 2009 at The Ritz-Carlton, Palm Beach, Florida. Winners will also receive a plaque commemorating their achievement.
Submissions may be on any topic related to law and may involve either an unpublished paper or an abstract. (FYI, in the past, the panel of judges has tended to favor completed papers over promising abstracts.) The submission deadline is December 1, 2008, and notifications will be made by February 1, 2009.
Questions about the call for papers (or about SEALS generally) can be directed to Russell Weaver, the Executive Director of the Souteastern Association of Law Schools, by clicking here.
ABILA: International Law Weekend is October 16-18 in New York
The American Branch of the International Law Association (ABILA) will hold its annual International Law Weekend on October 16-18 in New York City at the Association of the Bar of the City of New York, 42 West 44th Street, New York City. Click here to view the conference agenda.
I have always been impressed at how large a crowd this event draws, with student attending from all over the country. The panels are usually quite good, the students attendees wildly enthusiastic, and a weekend in New York is always a special pleasure.
If you would like more informaiton about ABILA, click here.