Friday, July 3, 2015
Professor Deborah Lipstadt of Emory University will deliver the Fred Herzog Memorial Lecture on the subject of "The Changing Face of Holocaust Denial in the 21st Century" at noon on Thursday, September 24, 2015 at The John Marshall Law School in Chicago.
Professor Lipstadt is an American historian and author of books including Denying the Holocaust (1993) and The Eichmann Trial (2011). She is currently the Dorot Professor of Modern Jewish and Holocaust Studies at Emory University in Atlanta, Georgia. She received her BA from the City College of New York and her MA and PhD from Brandeis University.
Her book History on Trial: My Day in Court with David Irving (Ecco/HarperCollins, 2005) is the story of her libel trial in London against David Irving, who sued her for calling him a Holocaust denier and right wing extremist. The book has been described as a “fascinating and meritorious work of legal—and moral—history” (Kirkus, November 2004). It won the National Jewish Book Award and was a finalist for the Koret Book Award. It was ranked by the editors at Amazon.com as number four on its list of top ten history books of 2005.
The Daily Telegraph ( London) declared that Lipstadt's trial had “done for the new century what the Nuremberg tribunals or the Eichmann trial did for earlier generations.” The Times (London) described it as “history has had its day in court and scored a crushing victory.” The judge found David Irving to be a Holocaust denier, a falsifier of history, a racist, an antisemite, and a liar. Her legal battle with Irving lasted approximately six years. According to the New York Times, the trial “put an end to the pretense that Mr. Irving is anything but a self-promoting apologist for Hitler.”
Professor Lipstadt's story is being made into a movie, and Hillary Swank has been chosen to portray her. See the links below for more information about the movie.
The Appellate Body of the World Trade Organization has issued its Annual Report for 2014 (WT/AB/24). The Report includes information about:
- appeals filed by WTO members,
- the key findings of reports circulated in 2014,
- the composition of the Appellate Body,
- the participation of WTO members in appeals,
- dispute settlement statistics, and
- activities undertaken by the Appellate Body and its Secretariat during this period.
Only the hardest of the hard-core international law nerds will care about this. The International Court of Justice announced that Judge Antônio Augusto Cançado Trindade has been named chair of the ICJ Library Committee. Serving with him will be ICJ Judges Giorgio Gaja, Dalveer Bhandari, and Kirill Gevorgian.
Brought to International Law Nerds Around the World as a Public Service of the International Law Prof Blog
Thursday, July 2, 2015
United Nations Secretary-General Ban Ki-moon welcomed yesterday's announcement that Cuba and the United States will reopen their embassies in Havana and Washington, D.C.
“The restoration of diplomatic ties is an important step on the path toward the normalization of relations”, says a statement released by his spokesperson earlier.
In keeping with the principles of its founding Charter, the United Nations supports efforts to promote more harmonious and good neighbourly relations among States, adds the statement.
“The Secretary-General hopes that this historic step will benefit the peoples of both countries.”
On December 7, 2014, the UN chief welcomed the beginning of normalization of their relations between Cuba and the United States, which put aside decades of hostility.
Media reports said at the time that, as part of a deal negotiated over a period of 18 months, the US would restore full diplomatic relations with Cuba and open an embassy in Havana for the first time in more than 50 years after the release of an American contractor held in prison for five years.
(Adapted from a UN press release)
Wednesday, July 1, 2015
A lifetime achievement award will be presented to Lord Woolf, the Lord Chief Justice of England and Wales from 2000 until 2005. Under the Constitutional Reform Act of 2005, Lord Woolf was also the first Lord Chief Justice to be President of the Courts of England and Wales. When he served as Master of the Rolls (the third most senior judge in England and Wales), Lord Woolf brought forth legal reforms that have been described as “the most fundamental reform of the civil justice system of the 20th century.” Lord and Lady Woolf will be present at the award luncheon.
Keynote Speaker Bryan Garner will speak on “The Biggest Secret for Clear and Persuasive Writing.” Garner has written several books about English usage and style, including Garner's Modern American Usage and Elements of Legal Style. He is the editor-in-chief of Black's Law Dictionary and he has coauthored two books with U.S. Supreme Court Justice Antonin Scalia: Making Your Case: The Art of Persuading Judges (2008) and Reading Law: The Interpretation of Legal Texts (2012). He is the Founder and president of LawProse, Inc. and serves as Distinguished Research Professor of Law at Southern Methodist University School of Law.
The event will also include presentations of the prestigious Scribes Book Awards and Brief-Writing Awards.
The luncheon will also mark a change in leadership for Scribes. Darby Dickerson, Dean of Texas Tech University School of Law, will finish her term as President. The new President is Justice Michael B. Hyman of the Illinois Appellate Court. Justice Hyman is a former President of the Chicago Bar Association, the Illinois Judges Association, and the Decalogue Society.
The Scribes Luncheon will be held during the ABA Annual Meeting in Chicago on Saturday, August 1, from noon to 2:00 p.m. at the Swissotel, 323 Upper Wacker Drive, in the Edelweiss I Room on the 43rd Floor. Tickets are $75 per person with a special rate of $50 for judges, government employees, young lawyers, law professors, and law students. RSVP to email@example.com with your choice of lunch entrée: (chicken or vegetarian). For more information visit the Scribes website at www.scribes.org or call (806) 834-5792.
The American Bar Association Section of International Law will hold a leadership retreat in Chicago on July 29-31, 2015, in advance of the ABA Annual Meeting in Chicago. Information about the retreat (and how to register for it) is available on the section's website.
Tuesday, June 30, 2015
Over six years since the issuance of the first warrant of arrest against Sudan’s President Omar al-Bashir, the Prosecutor of the International Criminal Court (ICC) today said that her Office's determination to bring “independent and impartial justice” to the people of Sudan remains “unshaken”.
“The question we need to ask of ourselves today is whether the people of Darfur, who continue to endure the suffering widely recognized by, amongst others, the African Union (AU), will ever receive the justice they deserve? Will their plight be finally answered through independent and impartial justice, or will their cries continue to face silent inaction?”
Ms. Bensouda’s comments led off her briefing to the Security Council and come amid a worsening security climate and dire humanitarian crisis in the western Sudanese region, with ramped-up hostilities between Government forces and armed movements, deadly inter-communal conflicts and a precipitous rise in criminality and banditry.
This morning, the Security Council decided to extend the African Union-UN Hybrid Operation (UNAMID) mandate for an additional year.
Dismissing “those who have chosen to deliberately distort facts by alleging that the ICC imposed itself on Sudan,” Ms. Bensouda said that efforts of “detractors and naysayers” only serve to strengthen her Office’s resolve.
“Omar Bashir's rapid departure from South Africa proves that the warrants of arrest against him are as valid as they were when issued; that they remain in full force and effect, and that my Office is committed to ensure they are executed”, she went on to say.
While the Sudanese President may have escaped the law in South Africa through an unanticipated and premature departure from the 24th AU Summit, “the swift judicial action by South African courts we have witnessed is a shining precedent that must be emulated in other States,” the Prosecutor continued.
“More generally, the High Court's ruling in South Africa has also underlined a growing recognition by domestic courts of states' obligations to uphold their commitments under international law - in this case, the ICC’s Rome Statute.”
It is “past time” for the Security Council and UN Member States to join forces with the Court and civil society in devising concrete and effective strategies for the arrest of accused persons wanted by the Court, and to give the ICC the full support it requires, Ms. Bensouda stressed.
“I encourage States Parties to plan – ahead – for the arrest of each individual wanted by the Court in a targeted and efficient manner.”
Reminding the Council of the “frequency” and “brutality” of the targeting of civilians, women in particular, the Prosecutor claimed that the people alleged to be most responsible for these ongoing atrocities are “the same people against who warrants of arrest have already been issued.”
She repeated to the Council what she said during her last briefing about the situation in Darfur in December 2014 : that her Office has finite resources and a heavy caseload, and is therefore struggling to commit to full, active investigations of the on-going crimes in Darfur.
“This however, should not in any-way be misconstrued or interpreted to mean that investigations have been closed or that we have abandoned the victims of mass atrocities in Darfur. Far from it”, she insisted.
The ICC Prosecutor called “once again” on the Council to ensure Sudan's compliance with its resolution 1593 , as well as on States Parties to the Rome Statute to promote cooperation and affect the arrest of individuals wanted by the Court in the Darfur situation.
“If there is no follow-up action on the part of the Security Council, any referral by the Council to the ICC…would never achieve its ultimate goal, namely, to put an end to impunity. Accordingly, any such referral would become futile."
“There is more that we can and must all do to achieve peace and justice in Darfur. It must be stressed that this Council also has a vital role to play and must do its part.”
(UN Press Release)
Monday, June 29, 2015
The U.S. Supreme Court today granted certiorari in Abigail Fisher v. University of Texas at Austin, No. 14-981 (June 29, 2015). Justice Kagan took no part in the consideration of the petition. The case is "a legal challenge to the race-conscious admissions policy at the University of Texas at Austin, setting the stage for new arguments in a closely watched case that the justices decided once before, in 2013." Andy Thomason, Supreme Court Will Again Hear 'Fisher" Case on Race-Conscious Admissions, Chronicle of Higher Education, June 29, 2015, http://chronicle.com/blogs/ticker/supreme-court-will-again-hear-fisher-case-on-race-conscious-admissions-3/101259?cid=bn&utm_source=bn&utm_medium=en
Millions of people celebrated gay pride this past weekend on the anniversary of the Stonewall Riots in New York, where police raided a gay bar and the patrons fought back. This weekend in Istanbul, Turkey a planned gay pride march was called off minutes before it was set to begin, claiming that that celebration could not be held during Ramadan. Police used water cannons, tear gas, and rubber bullets to attack the demonstrators. Photos and videos from the event are still emerging, but you can click here for a sample. You can also click on the links below this story.
This is a serious stain on human rights in Turkey and the actions are indefensible under international human rights law. News reports state that the parade has previously taken place without incident for the past 10 years.
Shame on Istanbul.
The United States Supreme Court on Friday ruled in favor of marriage equality for the United States, finding that the Fourteenth Amendment requires states to issue marriage licenses to same-sex couples. The Supreme Court also ruled that the Fourteenth Amendment also requires U.S. states to recognize lawful same-sex marriages performed in other states: "[T]he Court also must hold—and it now does hold—that there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character." Without saying so expressly, however, the decision also requires recognition of valid same-sex marriages performed in other countries as well as other states within the United States.
Although many other countries (including, most recently, Ireland and Mexico) now recognize same-sex marriage, the opinion by Justice Kennedy does not mention the legal developments in other countries. In past decisions where the Supreme Court noted that its decision under the U.S. Constitution and U.S. law was in conformity with decisions of foreign or international law, or even the obligations of a treaty entered into by the United States, there was a great outcry against the Supreme Court by those wrongfully asserting that the U.S. decision was reached under foreign law rather than U.S. law. Critics of the holdings of particular cases twisted the reasoning actually used in the court decisions, making wrongful claims of foreign influence on U.S. court decisions.
For the record, we here at the International Law Prof Blog support the use of international law in resolving disputes. There's no surprise there to regular readers of this blog. And we support amicus briefs and other means of communicating with courts as to what foreign and international tribunals have done with similar legal problems that appear before the court. In the same-sex marriage case just decided, we want to give a special shout of thanks to Professor Noah B. Novogrodsky of the University of Wyoming College of Law and to Ruth N. Borenstein and Marc C. Hearron of Morrison and Foerster LLP. Those three lawyers authored the Amicus Brief for Foreign and Comparative Law Experts Harold Hongju Koh (Yale Law School and former Legal Advisor at the U.S. State Department), former ICJ Judge Thomas Buergenthal (George Washington University Law School), Sarah H. Cleveland (Columbia Law School), Laurence R. Helfer (Duke University School of Law), Ryan Goodman (New York University School of Law), and Dean Sujit Choudhry (University of California at Berkeley) as amici curiae in support of the same-sex couples seeking marriage equality. Their amicus brief -- one among many -- stood out for its welcome presentation of international developments.
We're still analyzing the foreign and international law applications of the Supreme Court decision and the dissenting opinions. Who knew we would have to research Aztec marriage law?
Mark E. Wojcik (mew)
Wednesday, June 24, 2015
We are sorry to share the sad news that Professor Michael W. Lewis of the Ohio Northern University College of Law passed away Sunday. Mike lost a fierce battle with an aggressive cancer he was diagnosed with last December. Mike was a prolific scholar, beloved processor, and leading voice in the law of war and the debate over the legality of the use of drones in international law. Here is a message from Dean Rick Bales about Mike's Passing:
Message from Dean Bales:
It is with profound regret and overwhelming sorrow that I write today to inform you of the death of Professor Michael Lewis. Professor Lewis came to the College of Law in 2006 after a successful career with McKinsey & Company and McGuire Woods. Before entering law school, Professor Lewis proudly served his country with a distinguished career in the Navy as a pilot and graduate of the Top Gun School. Professor Lewis taught Commercial Law, Torts, International Law and the Law of War Seminar. His receipt of the Faculty Teaching Award in 2008 demonstrated his skill as a teacher. Professor Lewis was a prolific scholar and speaker, taking the name of Ohio Northern to readers and listeners throughout the United States and throughout the world.
Most importantly, Mike Lewis was a wonderful husband, father, and friend. Everyone who knew him knew of his deep love for his family. His daughter Sarah was the light of his life, and I ask that you keep her and his wife Danya in your thoughts and prayers. I am confident that Professor Lewis would like to be remembered as the friend and mentor that he was. For students, he was the role model of all role models, and your affection for him is well known. For the faculty, Mike Lewis was a star – someone who did everything well. Most importantly, however, Professor Lewis was a humble, thoughtful, and caring colleague who everyone respected. He will be profoundly missed.
Professor Lewis loved sports, loved his country, loved his family, and loved his work. We can all draw lessons from his life. I am sure that he knew how much the ONU law community cared for him, as we all know how much Professor Michael Lewis meant to all of us.Hat tip to Prof. Brian D. Anderson. (mew)
Tuesday, June 23, 2015
Sunday, June 21, 2015
The first International Day of Yoga is being celebrated around the world on Sunday following recognition by the U.N. General Assembly that the holistic benefits of the ancient Indian practice and its inherent compatibility with the principles and values of the United Nations.
The inaugural Day has been be marked this morning with an outdoor event at UN Headquarters in New York that was webcast to thousands in New York's Times Square. UN Secretary-General Ban Ki-moon, who has praised yoga for promoting respect for one's fellow human beings and for the planet we share, spoke this morning at the event, which also featured a yoga demonstration. “I am hoping that if yoga promotes physical dexterity, it can also promote diplomatic dexterity. In my job as Secretary-General of the United Nations, I have to be agile all of the time!” he said in front of the crowd. Quoting Prime Minister of India, Narendra Modi, he stressed that “yoga is not just about exercise; it is a way to discover the sense of oneness, with yourself, the world and nature”.
Also attending the UN event was the President of the 69th session of the General Assembly, Sam Kutesa.
In a message issued in advance of the International Day, Mr. Ban recalled how he had had the opportunity to practice yoga during a visit to India this year. His first 'asana', or pose, he said was the tree pose, “suited to beginners.”
“It took a moment for me to gain my balance but once I did, I appreciated the simple sense of satisfaction that yoga can bring,” the Secretary-General said. “Yoga offers a simple, accessible and inclusive means to promote physical and spiritual health and well-being,” he said. “It promotes respect for one's fellow human beings and for the planet we share. And yoga does not discriminate; to varying degrees, all people can practice, regardless of their relative strength, age or ability.”
“On this first-ever International Day of Yoga, let us see the benefits of this practice in terms of individual well-being as well as our collective efforts to improve public health, promote peaceful relations and usher in a life of dignity for all,” the UN chief said.
The annual day was established in 2014 by the UN General Assembly, which recognized “that yoga provides a holistic approach to health and well-being.” The draft resolution establishing the day world was proposed by India and endorsed by a record 175 member states. The proposal was first introduced by Prime Minister Modi in his address during the opening of the 69th session of the General Assembly.
The resolution notes “the importance of individuals and populations making healthier choices and following lifestyle patterns that foster good health.”
(Adapted from a UN Press Release)
Saturday, June 20, 2015
June 20 is World Refugee Day. The day is particularly important this year as 2015 has witnessed the highest number of refugees since World War II. The UN High Commissioner for Refugees is using World Refugee Day 2015 to commemorates the strength and resilience of the more than 50 million people around the world forced to flee their homes due to war or human rights abuses.
The 2015 theme is "Ordinary people living through extraordinary times." The UNHCR's website contains stories of hope and resilience from displaced people and features stories from refugees who describe in their own words their own passions and interests; cooking, music, poetry, or sports. Through their testimonials, UNHCR aims to show our commonality and that these are ordinary people living through extraordinary times.
Scribes--The American Society of Legal Writers--will hold an award luncheon on August 1, 2105 in Chicago during the ABA Annual Meeting. Awards will be presented for the best new book in legal writing and for the best student-written briefs from moot court competitions.
The luncheon will feature a special presentation of the Scribes Lifetime-Achievement Award to The Right Honorable, the Lord Woolf, with comments by Lord Woolf. Lord Woolf was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales. He has also been a non-permanent judge of the Court of Final Appeal of Hong Kong since 2003.
Also during the luncheon keynote speaker Bryan A. Garner will share The Biggest Secret for Clear and Persuasive Writing. Bryan Garner has written several books about English usage and style, including Garner's Modern American Usage and Elements of Legal Style. He is the editor-in-chief of Black's Law Dictionary and he has coauthored two books with U.S. Supreme Court Justice Antonin Scalia: Making Your Case: The Art of Persuading Judges (2008) and Reading Law: The Interpretation of Legal Texts (2012). He is the Founder and president of LawProse, Inc. and serves as Distinguished Research Professor of Law at Southern Methodist University School of Law.
In addition to the award presentations and keynote speaker, the event will mark the installation of the new officers for Scribes. The current Scribes president, completing her term on August 1st, is Darby Dickerson, Dean at Texas Tech University School of Law and the W. Frank Newton Endowed Professor of Law. She will be replaced by incoming president Justice Michael Hyman of the Illinois Supreme Court, a former president of the Chicago Bar Association and the Illinois Judges Association.
Here is the information about the luncheon:
Wednesday, June 17, 2015
The Utrecht Journal of International and European Law will publish its next Special Issue on 'Intellectual Property in International and European Law'. It invites submissions of papers on legal issues relating to intellectual property from an international or European law perspective. Submissions are due October 15, 2015. Utrecht Journal is an academic, peer-review, student-led journal affiliated with Utrecht University in the Netherlands. For more information about the call for papers, visit the journal website here.
Here's a reminder that the 5th Biennial Conference of the Asian Society of International Law 2015 will be held at the Plaza Athénée Bangkok, A Royal Méridien Hotel, in November 2015. <a href="http://asiansil.org/conference/5thBiennial2015/">Click here for more information about the conference.</a> The website includes the call for papers to be presented at the conference.
Monday, June 15, 2015
Addressing delegates immediately after his election today at UN Headquarters in New York, Mr. Lykketoft, who has served both as Denmark’s Foreign and Finance Ministers, declared that his Presidency would be marked by a “commitment to action” towards building “a more fair and stable world” in line with the objectives set out by the UN Millennium Development Goals.
“What is now in front of Member States is the final stretch towards adopting a universal, people-centred, transformative development agenda that addresses the struggle of our lifetime,” he affirmed. “When implemented, it will enable us to eradicate poverty while keeping climate change at bay, building resilience, and creating inclusive and sustainable economic growth.”
Mr. Lykketoft, who will celebrate his 70th birthday this year just as the UN marks its 70th anniversary, took care to point out the three priorities that, he said, would define his mandate, including a commitment to action, a surge in UN efforts to cement international peace and security, and a clear effort to support further progress for human rights.
“My goal is to seek pragmatic and action-oriented outcomes that can provide guidance on how to proceed with timely and effective implementation for all actors – the UN system, Member States, civil society, and private sector,” he continued, adding that his intention was to conduct the Presidency in “a transparent, inclusive and open manner.”
The President-elect further noted that he would take into consideration many Member States’ continuing interest in Security Council reform, particularly ahead of the selection process for the next Secretary-General.
Nonetheless, he stated, the focus must remain on rebooting the UN’s unique form of multilateralism which, in turn, fosters trust and hope in global solutions.
“Today’s decision-makers must acknowledge that 2015 is the time to make a new commitment to action for the sake of generations to come,” Mr. Lykketoft stated. “We will have to find ways to achieve sustainable growth, where the distance between rich and poor nations and peoples does not become larger but smaller. Where we not only create development and eradicate extreme poverty but also deliver a more equitable access to and distribution of global goods.”
Congratulating Mr. Lykketoft on his new role, Secretary-General Ban Ki-moon celebrated the former Danish politician for his “outstanding commitment” to development and his “great understanding of the major challenges of our times.”
Such aptitude, he noted, will prove to be critical as the UN and international community are propelled towards a series of target dates for the Millennium Development Goals, sustainable development initiatives and for the fight against climate change.
“This election is an annual event on the United Nations calendar – but this year offers an extraordinary opportunity to shape history,” Mr. Ban continued. “We could not have a better leader in His Excellency Mr. Lykketoft.”
The Secretary-General added that he counted on the new General Assembly President to celebrate the upcoming UN milestones – including the Organization’s 70th anniversary – with “an even stronger commitment” to multilateralism, international cooperation and global solidarity.
“Together,” he concluded, “we can act so the United Nations lives up to its historic ambitions for this year and helps secure the long-term future of our world.”
In his remarks, Sam Kutesa, current General Assembly President, said the world body’s 70th anniversary session will be historic, as member States are expected to adopt an ambitious and transformative post-2015 development agenda, as well as work towards a universal climate change agreement in December, under the UN Framework Convention on Climate Change (UNFCCC).
“With these important milestones approaching, we still have important preparatory work during this 69th session,” he said, noting in particular, the negotiations on the post-2015 development agenda and the Third International Conference on Financing for Development, to be held next month in Addis Ababa, have reached a critical stage. “We have to redouble our efforts in order to ensure successful outcomes,” he said.
Mr. Lykketoft will kick-off his Presidency in September at the commencement of the 70th General Assembly session.
Made up of all the 193 Member States of the United Nations, the General Assembly provides a forum for multilateral discussion of the full spectrum of international issues covered by the UN Charter. It meets in regular session intensively from September to December each year, and thereafter as required.
(UN Press Release)
Photo: Sam Kutesa (right), President of the 69th session of the General Assembly, meets with Mogens Lykketoft, Speaker of the Parliament of Denmark and President-designate of the General Assembly’s 70th session. UN Photo/Eskinder Debebe
Today, June 15, 2015, is the 800th anniversary of the first Magna Carta. The original Magna Carta was agreed between King John and his barons to settle disputes between them. It originally contained 63 articles, many of them pertaining to particular grievances against King John. Only three clauses are still part of British law today, the most famous being the right to a fair trial. The original Magna Carta has thus been edited and reissued over the years, but it is still credited with establishing the idea that no one is above the law.