November 21, 2008
Mary Daly, Dean of St. John's Law School, has died
Mary was a great international scholar whose work included a focus on international ethics and the transnational practice of law. She was a great colleague, mentor, and friend. She inspired the faculty and students at St. John's, and also at Fordham University School of Law where she previously taught. I always learned much from her, and I respected her work tremendously.
Our thoughts are with her family, colleagues, and students. This is sad and unexpected news, and a great loss to us all. Click here to read more.
New Issue of the American Journal of International Law
The American Society of International Law (ASIL) has published another issue of the American Journal of International Law. This latest issue contains essays on Medellin v. Texas, which found that a Mexican national could not enforce rights won in the Avena decision before the International Court of Justice. (Mr. Medellin was executed on August 5.)
Essays include “Medellın’s New Paradigm for Treaty Interpretation” by David J. Bederman; “Intent, Presumptions, and Non-Self-Executing Treaties” by Curtis A. Bradley; “Revitalizing the U.S. Compliance Power” by Steve Charnovitz; and “Less than Zero?” by Carlos Manuel Vazquez.
This Journal also includes an essay by Petros C. Mavroidis entitled “No Outsourcing of Law? WTO Law as Practiced by WTO Courts.” The article explores the use of non-WTO sources in trade disputes. Another essay, “Regulatory Takings in Institutional Context: Beyond the Fear of Fragmented International Law,” is by Steven R. Ratner, who argues that "many worries about fragmentation of international law [regarding claims of regulatory expropriation in international investment dispute cases] are misplaced.”
There's also a special Editorial Comment on “Military Commissions: Constitutional Limits on Their Role in the War on Terror” by Detlev F. Vagts. The issue also includes four case reports, a section on the latest developments in contemporary U.S. practice relating to international law, and six book reviews.
As usual, it's another high-quality issue that makes membership in the ASIL essential for anyone teaching international law. But you all knew that already.
Hat tip to Sheila Ward
November 20, 2008
Update on the Jessup International Law Moot Court Competition
The Friends of the Jessup Newsletter is now available in electronic format (and free of charge) to all Friends of the Jessup. The new Editor-in-Chief, Mara Smith, has more than doubled the size of the Newsletter and included content from all parts of the globe. She and her team of Regional Editors have collected Jessup interest pieces authored by competitors, coaches, judges, and national administrators that exemplify the extraordinary scope and influence of the Jessup Competition. The long-awaited Volume 5, Issue 1 of the Friends of the Jessup Newsletter is now available on the ILSA website by clicking here.
The 2009 Jessup Competition season is well underway, with over 450 teams already registered and beginning to research The Case Concerning “Operation Provide Shelter.” To access the 2009 Compromis, please click here. ILSA has received many inquiries regarding judging opportunities at the National and International Rounds of the Competition, and they have posted information about the national rounds. Click here to see National Rounds information for the following countries:
Bosnia & Herzegovina
Chinese Taipei (Taiwan)
Mexico – North
Mexico – South
The U.S. Super Regional Rounds will take place over the last three weekends in February, 2009, in six major U.S. cities. Exact dates and locations of the U.S. Super Regionals will be posted on the ILSA website by the end of November (or so).
The Shearman & Sterling International Rounds of the Competition will be held in Washington, D.C., 22-28 March, 2009. Click here to read more. An announcement will be sent to the Friends of the Jessup community once the 2009 Judge application and registration process has opened. For those interested in participating in the Remote Coaching Program, either as a remote coach for a Russian team or a new team from another country, please see pages 31-32 of the Friends of the Jessup Newsletter.
Finally, ILSA announced that Volume 17, Issue 1 of the ILSA Quarterly is hot off the press and on its way to subscribers. The ILSA Quarterly is an academic magazine that features articles written by students and includes information on ILSA projects, study abroad programs, LL.M. programs and career opportunities. The ILSA Quarterly is published four times during the academic year, and is available to Friends of the Jessup for an annual subscription fee of $17.50. All subscription revenues are used to sustain this unique student publication. Each issue showcases the scholarly work of students alongside articles written by leading academics and practitioners in the field of international law. You should consider subscribing to the journal for the very modest price.
November 19, 2008
New Blog for International Human Rights Law
Members of the International Human Rights Committee of the American Bar Association Section of International Law have launched a new blog on developments in international human rights law. Click here for a quick visit. Congratulations to the new bloggers as well as the new blog.
Call for Papers (by Dec. 8) for ASIL International Economic Law Conference in Los Angeles
The American Society of International Law (ASIL) International Economic Law Interest Group (IELIG) calls our attention to a call for papers for an upcoming ASIL-IELIG conference that will be held on February 13, 2009, at the University of California-Los Angeles (UCLA) School of Law.
The goal of this conference (other than to have a meeting as far away from Washington DC as they could without continuing on to Hawaii) is to promote discussion of works in progress relating to international economic law. Paper proposals may address or be related to any international economic law topic. Interdisciplinary work is encouraged, but is not required. The call for papers is open to both new and established scholars, and practitioners in the field. Each session will have an appointed discussant and the colloquium format will allow sufficient time for constructive discussion and debate of the papers, which will be distributed in advance.
The deadline for paper proposals is December 8, 2008. Papers will be selected by the conference committee on a double blind basis. The conference committee is chaired by Prof. Richard Steinberg of UCLA, and includes Professors Ken Abbott, Andrea Bjorklund, Tomer Broude, William Dodge, Andrew Guzman, Amy Porges, and Alan Sykes.
For additional details, please refer to the Call for Papers here.
Hat tips to Tomer Broude and Amy Porges, the ASIL IELIG Co-Chairs
November 18, 2008
ICJ Rules it Has Jurisdiction in Genocide Case Brought by Croatia Against Serbia
The International Court of Justice has today ruled on Serbia's preliminary objections to Croatia's case alleging a violation of the Genocide Convention. The ICJ rejected Serbia's claims and found that Serbia was the sole respondent in the case and that the ICJ has jurisdiction, on the basis of Article IX of the Genocide Convention, to entertain the case on the merits. Click here to read more. (mew)
APPEAL - A Great Story of Success
APPEAL (Academics Promoting the Pedagogy of Effective Advocacy in Law) has been in existence now for just a year and a half. But within that short time, it has achieved remarkable things. They raised close to $20,000 to bring seven African APPEAL members to the Legal Writing Institute Conference in Indianapolis in July 2008. They collected over two tons of law books to send to colleagues in East Africa. They arranged for those books to be transported to Africa by the Boeing Company and Kenya Airways. And they are now planning the next conference for 2009 in Pretoria, South Africa. Hat tip to Mimi Samuel at Seattle University. (mew)
Who Has the Best Tertiary Education Systems? New Study Finds the Winners are Australia, the United Kingdom, and Denmark. The losers? Germany, Austria, and Spain
The Lisbon Council for Economic Competitiveness and Social Renewal was founded in 2003 and incorporated in Belgium as an independent, non-partisan think tank. Their latest work will likely be of interest to international academics. It is called the University Systems Ranking: Citizens and Society in the Age of Knowledge, a study which was released in Brussels this week. The report found that Australia, United Kingdom, and Denmark have the best tertiary education systems among the 17 OECD countries surveyed. By contrast, the report found that Germany, Austria, and Spain had the least effective tertiary education systems of the 17 countries surveyed. Click here to see the report. And click here to read more about the Lisbon Council and the survey.
First Time This Ever Happened: The Former Palauan President is Elected to Palauan Senate
Former President Remengesau of the Republic of Palau has made history in that country by becoming the first former President to be elected to the Palauan Senate. He was also the first former president to even run for a position in the national legislature after serving as the country’s president.
Another surprise and historical first in Palau’s most recent election is that the top vote-getter for the Palauan Senate was a write-in candidate, Surangel Whipps Jr. He had more votes than the former President (who was also elected to the Senate), even without absentee and off-island votes.
Hat tips to Cherrie Anne E. Villahermosa and the East-West Center in Honolulu
Mark E. Wojcik (former Court Counsel to the Supreme Court of Palau)
Mark E. Wojcik (former Court Counsel to the Supreme Court of Palau)
November 17, 2008
Congratulations to Darren Rosenblum
Congratulations to Professor Darren Rosenblum at Pace University School of Law in White Plains, New York. Professor Rosenblum was recently given tenure and promoted to full professor. His publications focus on sexual minority rights and international arbitration, and his current scholarship focuses on comparative law issues related to women’s political representation and anti-discrimination law.
Hat tip to David Cruz
New ICJ Case Filed Today: Former Yugoslav Republic of Macedonia (FYROM) Sues Greece for Blocking Its Application to Join NATO
The International Court of Justice has the busiest docket in its history. It just got a little busier today when the former Yugoslav Republic of Macedonia (“FYROM”) brought an action against Greece, alleging “a flagrant violation of its obligations under Article 11” of the Interim Accord signed on 13 September 1995.
From what I can tell, it comes down to this (although it is undoubtedly more complicated): FYROM had sought to join NATO. In April 2008, Greece objected. FYROM now sues Greece.
FYROM seeks “to protect its rights under the Interim Accord and to ensure that it is allowed to exercise its rights as an independent State acting in accordance with international law, including the right to pursue membership of relevant international organizations.” FYROM contends that Greece vetoed its application to join NATO because Greece desires “to resolve the difference between the Parties concerning the constitutional name of the Applicant as an essential precondition” for FYROM’s membership of NATO. FYROM argues that it has “met its obligations under the Interim Accord not to be designated as a member of NATO with any designation other than ‘the former Yugoslav Republic of Macedonia’” and it affirms that “the subject of this dispute does not concern ⎯ either directly or indirectly ⎯ the difference [that has arisen between Greece and itself over its name]”.
FYROM requests the International Court of Justice to order Greece “to cease and desist from objecting in any way, whether directly or indirectly, to the Applicant’s membership of the North Atlantic Treaty Organisation and/or of any other ‘international, multilateral and regional organizations and institutions’ of which [Greece] is a member . . . .”
Documents relating to the case will be posted on the ICJ’s website.
The Ethics of Outsourcing Legal Work to Other Countries
The American Bar Association Standing Committee on Ethics and Professional Responsibility has issued an important ethics opinion on outsourcing legal work to lawyers in other countries. Click here to read it.