Saturday, September 4, 2010
The Jindal Global Law Review invites submissions from scholars, jurists and other professionals for its March 2011 issue on the theme of ‘The Changing Role of Law in Asia: Revolution or Devolution?’ The issue will explore the effect of the evolution of laws and regulations in Asia with particular attention to the contemporary social, political and economic landscape of Asia. Some of the significant questions that may be considered for this issue include - How relevant are Asian culture, history and norms to understanding the changing face of its law? Is it time to evolve a new Asian analytic that looks towards a transforming and unifying global legal environment? Or is the law being used as a shield to prevent a possible revolution arising from globalization? To what extent are Asian countries influenced by each other and western views and critiques in their legal evolution? Can we characterize legal evolution in Asia as transformative or reductive? Submissions should highlight and question the Asian context of the law, though the perspectives provided need not be exclusively Asian. Works from a diversity of legal disciplines as well as of an inter-disciplinary perspective will be considered.
Jindal Global Law Review is a faculty edited publication by the Jindal Global Law School of the O.P. Jindal Global University. Submissions can be in the form of articles, essays, book reviews and comments/notes. Articles and essays should be of 8,000 to 10,000 words and comments and notes should be of 4,000 to 5,000 words (including footnotes). Contributors should send a 500 word abstract of their submission to the Jindal Global Law Review by September 15, 2010. The deadline for accepting final submissions is November 30, 2010. More information can be found here.
Friday, September 3, 2010
On October 21-23, 2010, the American Branch of the International Law Association and the International Law Students Association will present the annual International Law Weekend (“ILW”) in New York, in conjunction with the 89th annual meeting of the American Branch.
ILW 2010 brings together hundreds of practitioners, professors, members of the governmental and non-governmental sectors and students. It will feature numerous panels, distinguished speakers, receptions, and the Branch’s annual meeting. ILW 2010 will take place at the Association of the Bar of the City of New York on October 21, 2010, and at Fordham University School of Law on October 22 and 23. The overall theme of ILW 2010 is “International Law and Institutions: Advancing Justice, Security and Prosperity.”
There are four modes of transport in international transportation: air, water, rail, and road.
As to water, the United States follows the Hague Rules and applies the Carriage of Goods by Sea Act (COGSA) while much of the rest of the world uses the Hague-Visby Rules.
The Hamburg Rules, promulgated by UNCITRAL, are now in effect for 34 nations. Click here to see the list of state parties. (Note to any professors using the second edition of Chow & Schoenbaum -- page 94 states that only 20 countries are parties.) Unfortunately even the larger number of ratifications has not brought the Hamburg Rules any respect, as many of the countries who are parties are smaller countries, and some are also landlocked.
UNCITRAL made another attempt in 2008 to update the rules for shipping when it promulgated the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea - the "Rotterdam Rules."
The Rotterdam Rules will enter into effect when 20 countries ratify that treaty. As of September 3, 2010, there are 22 signatories to the treaty but no nation has yet ratified it. But there is movement on the treaty. On August 31, 2010, the nation of Luxembourg signed the treaty and became the 22nd signatory state. Click here to see the current status on the UNCITRAL website and to find links to the Rotterdam Rules and related documents. Also, the American Bar Association House of Delegates voted in February 2010 to support U.S. ratification of the Rotterdam Rules. Click here for more information.
A listing on Wikipedia for the Rotterdam Rules stated (wrongly) that because it had 20 signatories it was in effect. We know better. Signature alone is not enough, the countries must also ratify. I've corrected that Wikipedia entry so that my students (who never read this blog) won't come across that some time and think that the Rotterdam in effect.
A United Nations-backed conference aimed at advancing the rights of persons with disabilities concluded today with countries underscoring the need to continue building on recent momentum to ensure that the rights of the world’s estimated 650 million people with disabilities are protected and strengthened.
Hundreds of delegates and civil society representatives took part in the three-day conference at UN Headquarters in New York to see how to better implement the Convention on the Rights of Persons with Disabilities, which came into force in 2008. The convention, among other elements, asserts the rights to education, health, work, adequate living conditions, freedom of movement, freedom from exploitation and equal recognition before the law for persons with disabilities.
The number of countries that have ratified it has jumped from 66 to 90 in the past year and the number that has signed has risen from 142 to 146.
Ambassador Claude Heller of Mexico, the President of the conference, told the closing session today that he hoped that “the number of signatures and ratifications continues to increase” and that ongoing efforts to promote the rights of persons with disabilities bear fruit. He welcomed the enthusiastic participation of national delegations, experts and civil society representatives in the conference, which included interactive dialogues, round-table discussions and formal presentations. Many of the discussions focused on the right to education for persons with disabilities, the need for measures for greater inclusion of persons with disabilities in society, and care provided during disasters and emergency situations.
Shuaib Chalklen, the UN Special Rapporteur on Disability, told the UN News Centre that the conference had an important “consciousness-raising” value for governments and policymakers to take action to ensure that the convention is implemented on the ground. While the rising number of ratifications means more countries will have to report on what measures they are taking to meet their obligations, Mr. Chalklen said all too often this is failing to translate at the local level, both in rich and poor countries. He cited education as an example, with administrators, principals and teachers at many schools often unaware of the barriers that can exist to prevent a child with disabilities from attending and fully participating in classes. A pupil using a wheelchair or crutches may face stairs to get to class, a lack of appropriate bathrooms and a viewpoint that it is the child with the problem rather than the school. “It’s an attitudinal problem and there needs to be a commitment to make it work… But unfortunately there is a lack of awareness,” Mr. Chalklen said.
The next conference of States Parties to the convention will be held in early September 2011.
(Adapted from a UN Press Release)
Continuing fighting in Magadishu, the capital of Somalia, has displaced at least 22,000 more civilians and during the past 12 days, the United Nations reported today. Nearly 14,000 of those persons are believed to have left the city, while another 7,200 joined 366,000 other internally displaced persons in the Afgooye corridor, a 30-kilometre stretch of road west of Mogadishu (described as one of the world’s most densely populated settlements of homeless people). An estimated 8,700 people moved to other relatively safer areas of Mogadishu, the UN Office for the Coordination of Humanitarian Affairs (OCHA) said, quoting figures provided by the UN refugee agency UNHCR.
Clashes pit forces of Somalia’s Transitional Federal Government (TFG), who are backed by African Union troops, against Islamist insurgents seeking to topple the internationally-supported administration. According to OCHA, this week’s fighting was one of the heaviest that Mogadishu has experienced this year.
(Adapted from a UN press release)
Did you compete in the Philip C. Jessup International Law Moot Court Competition? Or serve as a judge? Or maybe you are a law student who is on a team now or planning to be next year? Or maybe you are (or were) a member of your school's International Law Society. There is a group on LinkedIn for Fans of the Philip C. Jessup International Law Moot Court Competition and the International Law Students Association (which sponsors the Jessup Competition). Click here to learn more about the group. And click here to learn more about ILSA and this year's Jessup problem.
Thursday, September 2, 2010
The editorial board of the Indian Journal of International Economic Law (IJIEL) invites submissions from academicians, scholars and graduate students for the fourth issue of the Journal. Submissions are invited in the following categories: full length articles (10,000-12,000 words); case reviews, legislative analyses, short comments and short articles by 'qualified graduate and doctoral students (7000-8000 words); Law in Focus and Case Comments by practitioners (3000-5000 words).
IJIEL is an annual journal that is managed, edited and produced by students of the National Law School of India University (NLSIU),
Prosecutors from the International Criminal Court, the Special Court for Sierra Leone, the International Criminal Tribunals for Rwanda and for the Former Yugoslavia, the International Military Tribunals at Nuremberg, and the Extraordinary Chambers in the Courts of Cambodia issued the fourth Chautauqua Declaration on August 31, 2010. Click here to download a copy of it (and to see the signatures of those who signed). Download IHL Dialogs The Fourth Chautauqua Declaration August 31 2010
Hat tip to Bart Legum of the ABA Section of International Law.
Australia notified the WTO Dispute Settlement Body this week that it was appealing the WTO panel report on "Measures Affecting the Importation of Apples from New Zealand." Click here to read more about the ruling (and for a link to a copy of it).
And for those of you who speak French and Spanish, here is a summary in those langauges:
L’AUSTRALIE FAIT APPEL DU RAPPORT DU GROUPE SPÉCIAL SUR LES POMMES
À la réunion de l’Organe de règlement des différends (ORD) du 31 août 2010, le Président a annoncé que l’Australie avait fait appel du rapport du Groupe spécial sur les pommes (DS367) et les États-Unis ont annoncé qu’ils avaient mis en oeuvre les décisions dans l’affaire des sacs en provenance de Thaïlande.
----- VERSIÓN ESPAÑOLA -----
AUSTRALIA APELA CONTRA EL INFORME DEL GRUPO ESPECIAL QUE EXAMINÓ EL ASUNTO SOBRE LAS MANZANAS
En la reunión que el Órgano de Solución de Diferencias (OSD) celebró el 31 de agosto de 2010, el Presidente anunció que Australia había interpuesto un recurso de apelación contra el informe del Grupo Especial que había entendido en el asunto sobre las manzanas (DS367), y los Estados Unidos comunicaron que habían aplicado las resoluciones adoptadas en la diferencia sobre las bolsas de compra tailandesas.
Section meetings provide a great opportunity for law professors and lawyers interested in the most cutting-edge issues of international law. The official brochure for the 2010 Fall Meeting can be found by clicking here. For additional information, please go to the conference website by clicking here.
September 20, 2010: Early Bird Registration Deadline
October 15, 2010: Pre-Registration Final Deadline
October 18, 2010: Westin Paris hotel room block Deadline
(from a UN Press Release).
An anti-corruption academy co-sponsored by the United Nations opened today in Austria with the aim of filling the rising global need for training, research and contemporary measures and techniques in the fight against corruption. The International Anti-Corruption Academy (IACA), based in Laxenburg, will educate public and private sector anti-corruption practitioners in more effectively implementing the UN Convention against Corruption (UNCAC). The convention, which entered into force in December 2005, is the world’s first legally binding international anti-corruption instrument. It requires signatories to implement a wide range of measures in areas such as law enforcement, asset recovery and international cooperation.
(from a UN Press Release)
At the request of the parties in the dispute U.S.—Cool (DS384/DS386), the World Trade Organization Panel has agreed to open its meeting with the parties on September 14, 15, and 16, 2010 with a session open to public.
The meeting will be held at the International Conference Centre (CICG) in Geneva. Click here for more information.
The United Nations announced today that a much anticipated report documenting the most serious human rights violations committed in the Democratic Republic of the Congo (DRC) between 1993 and 2003 will be made public on October 1, 2010.
A draft of the report was leaked and published in the French newspaper Le Monde, describes a total of more than 600 incidents in the DRC during the 10-year period in which tens of thousands of people were killed, and reportedly implicates a number of groups in the atrocities. The states involved have been given another month to comment on the draft.
The report was written after interviews of more than 1,280 witnesses and a review of more than 1,500 documents.
According to an agreement between Thailand and the United States (WT/DS383/6), the "reasonable period of time for implementation" in this anti-dumping case on polyethylene retail carrier bags from Thailand expired on August 18, 2010. At a meeting this week at the WTO, the United States informed the Dispute Settlement Body that it had implemented the rulings. The U.S. Department of Commerce's new determination in the antidumping case went into effect on July 28, 2010. A WTO press release states that the Kingdom of Thailand thanked the United States for its continued cooperation, especially its timely determination. The press release also notes that Thailand said that it would continue to monitor the implementation of this determination.
Monday, August 30, 2010
The Association for Conflict Resolution holds a one-day international conference on Wednesday, September 1, 2010. Themes for the conference are “Better practice in peace building” and “Cross-cultural communication.” Speakers include:
- Ana-Mita Betancourt, Inter-American Development Bank
- Ashok Panikkar, Meta-Culture (India)
- Merrick Hoben, Consensus Building Institute
- Sister Pauline Acayo, Catholic Relief Services in Uganda
- Kenneth Cloke & Alan Gross, Mediators Beyond Borders
- Charles E. Tucker, International Human Rights Law Institute
- Michele S. Riley, Columbia University
The event will be held at the Chicago Marriott Downtown, 540 North Michigan Ave, Chicago, Illinois 60611 USA. The cost is $95 for ACR members; non-members $125; full-time students $50 For more information and to register, please click here.
Sunday, August 29, 2010
The Chinese (Taiwan) Society of International Law will hold the International Law Association (ILA) Asia-Pacific Regional Conference from May 29 to June 1, 2011 in Taipei, Taiwan. The theme of the conference will be Contemporary International Law Issues in the Asia Pacific: Opportunities and Challenges. Paper and panel proposals must be submitted electronically by December 20, 2010 to ila [at] nccu.edu.tw. A proposal of no more than 300 words should include the author’s name and full contact information.
The call for papers is available by clicking here. Other inquiries about the conference can be directed to Professor Pasha Hsieh, Conference Co-organizer, at pashahsieh [at] smu.edu.sg.
Hat tip to Pasha L. Hsieh, Assistant Professor of Law at the Singapore Management University School of Law
The UN Committee on the Elimination of Racial Discrimination (CERD) ended its 77th session on Friday with the release of its annual report containing its concluding observations and recommendations on the country reports of Australia, Bosnia and Herzegovina, Denmark, El Salvador, Estonia, France, Iran, Morocco, Slovenia, Romania and Uzbekistan. Mr. Kemal, the Committee Chair, stated that the Committee would send out 10 letters to States parties under its early warning and urgent action procedure, aimed at preventing existing situations from escalating into conflicts and to respond to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention. The Committee’s seventy-eighth session will be held from 14 February to 11 March 2011, when the Committee will review the periodic reports of Armenia, Bolivia, Cuba, Ireland, Moldova, Norway, Rwanda, Serbia, Spain, Uruguay and Yemen. More information may be found here.