International Law Prof Blog

China Appeals WTO Ruling on US Audiovisual and Print Materials

Not surprisingly, China filed an appeal this week with the Appellate Body of the World Trade Organization (WTO) challenging the decision of a WTO panel finding China's restrictions on imports of films and other print and audiovisual materials from the United States to violate WTO rules.  More specifically, the panel found China's laws inconsistent with commitments it made in its Acession Protocol, with the General Agreement on Trade in Services (GATS) and with the General Agreement on Tariffs and Trade (GATT) 1994.  Under usual WTO rules, the Appellate Body has 90 days to review the matter.

(cgb)

President Obama's Remarks Today at the United Nations General Assembly

President Barack Obama told the United Nations General Assmebly today that "[t]he world must stand together to demonstrate that international law is not an empty promise, and the Treaties will be enforced."  You can read the full text of his remarks by clicking here.  I listened to his remarks and was very moved by them. The United States should use this moment to renew its relationship with the United Nations and the international community.  This was the first time that President Obama addressed the U.N. General Assembly.  He pointed out that the United States has "paid [its] bills" to the U.N, joined the Human Rights Council, and signed the U.N. Convention on the Rights of Persons with Disabilities.  He also announced "four pillars that are fundamental to the future that we want for our children: [1] non-proliferation and disarmament; [2] the promotion of peace and security; [3] the preservation of our planet; and [4] a global economy that advances opportunities for all people."

Hat tip to the United Nations Association of the United States of America (UNA-USA) for posting the remarks

(mew)

Foreign Corrupt Practices Act Blog

For those of you who teach about the Foreign Corrupt Practices Act (FCPA) and related issues of international bribery and corruption, you may be interested in knowing about a blog dedicated to that subject.  The blog is maintained by Professor Michael Kohler of Butler University.  Given that there are very few reported decisions in this area of the law, the blog could be a useful resource to find out about recent developments with respect to foreign corrupt practices.

(cgb)

2009 UN Treaty Event - "Towards Universal Participation & Implementation"

The United Nations' annual Treaty Event will be held on 23-25 and 28-29 September at UN Headquarters in New York.  Each year, the Secretary-General uses the event to promote signature, ratification, and accession to human rights and other treaties of universal application.

This year's treaty event will focus on the Optional Protocol to the International Covenant on Economic, Social & Cultural Rights and on the Convention on Contracts for the International Carriage of Goods Wholly or Partly By Sea.

(You may recall that this blog reported on the promulgation of the Optional Protocol last summer.)

For more information about the event, as well as a detailed schedule, see the UN Treaty Section's treaty event homepage at http://treaties.un.org/Pages/TreatyEvents.aspx?pathtreaty=Treaty/Focus/Page1_en.xml.

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Thanks to Leila Sadat for the tip-off.

International Day of Peace

September 21 is the International Day of Peace.  The United Nations General Assembly first recognized the International Day of Peace in September 1981 to commemorate and strengthen the ideals of peace.  The General Assembly later assigned it the permanent date of September 21 in 2001.  It is intended to be a day where parties to hostilities lay down their weapons and observe a cease fire.  The peace bell at the United Nations is rung on this day and a moment of silence is observed. 

May you all be peacemakers in your own lives and communities today and in the future. 

(cgb)

International Conference on Law -- Athens, July 2010

The following press release (slightly edited here for this blog) gives details of a law conference next year in Athens, Greece.

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ATHENS INSTITUTE FOR EDUCATION AND RESEARCH
FIRST CALL FOR PAPERS AND PARTICIPATION
7th Annual International Conference on LAW
19-22 JULY 2010
ATHENS, GREECE

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The Law Research Unit of the Athens Institute for Education and Research (AT.IN.E.R.) organizes its 7th Annual International Conference on Law, 19-22 July 2010. The registration fee will be 250 euro. Special arrangements with local hotels for a limited number of rooms at a special conference rate. In addition, a number of special events will be organized: A Greek night of entertainment, a special one-day cruise in the Greek islands and a half-day tour to archaeological site in the Prefecture of Attica.
The conference will bring together scholars and students of law and other related disciplines. You may participate as panel organizer, presenter of one paper, chair a session or observer. For programs of previous conferences and other information visit the conference website.  Papers (in English) from all areas of law are welcome. Selected papers will be published in a Special Volume of the Conference Proceedings or Edited Books as part of ATINER's book series.

 

Please submit a 300-word abstract by 18th of January 2010, by email to atiner [at] atiner.gr to Professor David A. Frenkel, Head, Law Research Unit, Athens Institute for Education and Research (ATINER), 8 Valaoritou Street, Kolonaki, 10671 Athens, Greece. Tel. + 30 210 363 4210 Fax: + 30 210 3634-209. Please include: Title of Paper, Full Name(s), Affiliation, Current Position, an email address and at least 3 keywords that best describe the subject of your submission. Announcement of the decision is made within 4 weeks after submission, which includes information on registration deadlines and paper submission requirements.

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If you want to participate without presenting a paper, i.e. chair a session, evaluate papers to be included in the conference proceedings or books, contribute to the editing, or any other offer to help please send an email to Dr. Gregory T. Papanikos, gtp [at] atiner.gr, Director, ATINER.

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The Athens Institute for Education and Research (ATINER) was established in 1995 as an independent academic organization with the mission to become a forum where academics and researchers from all over the world could meet in Athens and exchange ideas on their research and discuss the future developments of their discipline. Since 1995, more than 100 international conferences were organized and more than 80 books have been published. The Institute is organized into four research divisions and nineteen research units. Each research unit organizes at least an annual conference and undertakes various small and large research projects.

International Technology Law Association -- Upcoming Conferences in Brussels, Bangalore, and Boston

The Intenational Technology Law Association announced upcoming conferences it will hold in the following locations:

• Brussels, Belgium (Nov. 5-6, 2009)
• Bangalore, India (Feb. 4-5, 2010)
• Boston, Massachusetts (May 20-21, 2010)

Click here for more information.  The early bird registration rates for the European Conference in Belgium expire on September 25.

(mew)

President Obama Speaks to the United Nations

The United Nations General Assembly opened its 64th session last week and the United States took its seat for the first time on the Human Rights Council.  This week, President Obama will make his first appearance at the United Nations when he addresses the General Assembly on Wednesday, September 23. In addition, President Obama will speak at a special summit meeting on climate control on September 22 and chair a special Security Council meeting on arms control and nonproliferation on September 24.  More information about President Obama's maiden appearance at the UN can be found on the website of the United Nations Association, along with a link to watch a streaming video of his speech.

This will be the first time that a U.S. president has chaired a meeting of the U.N. Security Council.

(cgb)  

New Book on Iraq Law and Policy

We haven't seen the book itself yet, but the advertising card looks interesting.  Aspen Publishers has a new book by Chibli Mallat (University of Utah and St. Joseph's University, Lebanon) on "Iraq -- Guide to Law and Policy."  It's 500 pages long and is promoted as a complement for courses on constitutional, international, or comparative law.  That seems a bit long to me to really be useful as a supplement, but perhaps the publication of the book will prompt some law schools to offer a seminar course on the subject.  The ISBN number is 978-0-7355-8484-6, and you can click here to visit the website for the publisher.  The book examines "the success and failures of the law and policy implemented since the 2003 change of regime in Iraq."

(mew)

Call for Papers: Indian Journal of International Economic Law

The Indian Journal of International Economic Law (IJIEL) published by the National Law School of India University in Bangalore, India, invites submissions for possible publication.  The journal's theme is international economic law from a developing country perspective, including not only international trade and related issues but also international intellectual property, competition law, international finance law, and economic analysis of international law. For more information contact the Journal's Editor-in-Chief, Abhimanyu George Jain.  His email address is abhimanyugeorgejain [at] gmail.com.

We're happy to promote such calls for papers from all international law journals and we encourage our readers to contact them for more information about how to submit a paper for possible publication.

Click here to visit the website for the Indian Journal of International Economic Law.

(mew)

Welcome Back, Michael Peil!

The International Law Prof Blog is pleased to welcome back Contributing Blog Editor Michael A. Peil, Associate Dean for International Programs and Executive Director of the Transnational Law Program at Washington University School of Law in St. Louis.  Michael took some time off from the blog to attend to the important business of being a new father!  Welcome back, Michael, and congratulations again!

Mark, Cindy, Laurent, and Cyndee

Thirty Hogheads of Sugar

In the continuing debate about how U.S. courts should consider pronouncements of foreign and international tribunals, this quote from Chief Justice John Marshall might shed some favorable light.  In a case called Thirty Hogheads of Sugar v. Boyle, 13 U.S. (9 Cranch) 191, 198 (1815), Chief Justice Marshall declared:

"The law of nations . . . is in part unwritten, and in part conventional.  To ascertain that which is unwritten, we resort to the great principles of reason and justice . . . being, in some degree, fixed and rendered stable by a series of judicial decisions.  The decisions of the Courts of every country, will be received, not as authority, but with respect."

Hat tip to Jordan Paust, Jon M. Van Dyke, and Linda Malone.  The quote appears on page 56 of their new edition of International Law and Litigation in the United States.  Or click here to read the case on OpenJurist.org. 

(mew)

UN Is One Step Closer to Establishing Agency Dedicated to Women's Rights

After three years of consultations, the United Nations (UN) General Assembly adopted a resolution on September 14 that takes the next step in the process of establishing a new UN entity focused on the rights of women.  Rather than adding to the current list of sub-agencies, four existing UN agencies and offices will be joined to create a new single entity within the UN dedicated to promoting the rights and well-being of women worldwide and working towards gender equality.  The four existing bodies that will be merged are: the UN Development Fund for Women (UNIFEM), the UN Division for the Advancement of Women (DAW), the Office of the Special Adviser on Gender Issues (OSAGI), and the International Research and Training Institute for the Advancement of Women (INSTRAW).

Secretary-General Ban Ki Moon issued a statement saying he is "particularly gratified" that the Assembly had accepted his proposal for "a more robust promotion" of women’s rights under the new entity. "An important step has been made in strengthening the United Nations’ work in the area of gender equality and empowerment of women, as well as in ensuring the effective delivery of its operational activities for development, which constitutes the other key components of the resolution." Mr. Ban has appointed more women to senior posts than at any other time in the history of the UN, including nine women to the rank of under-secretary-general. The number of women in senior posts has increased by 40 per cent under his tenure. Mr. Ban pledged to expeditiously provide Member States with a comprehensive proposal outlining the mission statement, structure, funding and oversight of the new entity so that it can be created as soon as possible.

(cgb)

News for Jessup Junkies -- 2010 Compromis Released Today

The Compromis for the 2010 Philip C. Jessup International Law Moot Court Competition has been released.  Click here to see it.  This year’s problem addresses the right to self-determination and the lawfulness of measures taken to protect the economic resources of a State.

For more information about the International Law Students Association or the Jessup Competition, visit www.ilsa.org

Mark E. Wojcik, Board Member, International Law Students Association

(mew)

Another School Sends Out an International Law Brochure

Pace Law School has sent me a small brochure highlighting "International Law at Pace" and the work of these five faculty members:

• Luis E. Chiesa
• Alexander K.A. Greenawalt 
• Thomas M. McDonnell
• Nicholas A. Robinson
• Darren Rosenblum

As with the brochures from other schools mentioned here (including most recently William & Mary), I am happy to see law schools promoting the accomplishments of their international law faculty.

(mew)

Shaping International Law

I've just received a brochure from William & Mary Law School in Williamsburg, Virginia.  The cover says "Shaping International Law," and it's a brochure that was mailed to members of the International Association of Law Schools (IALS) -- the international equivalent of the Association of American Law Schools.

Inside the brochure are profiles of seven faculty members from William & Mary who are "leading programs and engaged in critical scholarship, thus shaping the future of international law."  The seven faculty members profiled are:

• Angela Banks
• Lan Cao
• Nancy Combs
• Charles H. Koch, Jr.
• Linda Malone
• Alemante Selassie
• Christine Warren

I know that we all have mixed feelings about these law school brochures, but I have to tell you that I do enjoy seeing brochures that promote international law professors, their scholarship, and (for me) their work in the field and in bar associations and other professional societies devoted to international law. 

Congratulations to William & Mary on having the wisdom to highlight its international law faculty.  (And yes, I suspect I'm going to be put on the mailing lists of many other law schools now.)

(mew)

UN Mission releases Report on the Gaza Conflict

The UN Fact Finding Mission on the Gaza Conflict has released its report, in which it concluded "there is evidence indicating serious violations of international human rights and humanitarian law were committed by Israel during the Gaza conflict, and that Israel committed actions amounting to war crimes, and possibly crimes against humanity," according to a UN press release.

The full text of the report is available online at http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/docs/UNFFMGC_Report.pdf.

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CA Armenian Genocide Law Preempted by Federal Foreign Affairs Power

The U.S. Court of Appeals for the Ninth Circuit recently issued a decision holding that a California law intended to benefit victims of the Armenian Genocide is preempted by the federal "foreign affairs power" despite the fact that the U.S. Constitution does not expressly grant such a power to the federal government. See Movsesian v. Victoria Versicherung AG, No. 07-56722 (Aug. 20, 2009).  The law at issue is California's Code of Civil Procedure, which extended the statute of limitations until 2010 for claims arising out of life insurance policies issued to victims of the Armenian Genocide who lived in the Ottoman Empire between 1915 and 1923 and who died, were deported, or escaped to avoid persecution during that period.  Movsesian filed a class action seeking damages against Victoria and two other insurance companies claiming that he and other members of the class are persons of Armenian descent who claim benefits under policies issued by the defendant companies for breach of contract, unjust enrichment and related claims. 

The Ninth Circuit held that the CA statute directly conflicts with the Executive Branch's foreign policy refusing to provide official recognition to Armenian Genocide and impinges on the federal government's ability to conduct foreign affairs.  In reaching this conclusion, the court acknowledged that no international agreement existed that preempted the state law.  Instead, the court ascertained a federal foreign policy from statements made by the Executive Branch to Congress opposing various proposed congressional resolutions recognizing the Armenian Genocide on the basis that such resolutions would interfere with the United States' efforts to bring peace and stability to the Middle East. 

This decision is a significant extension of the Supreme Court's 2003 decision in Am. Ins. Assoc. v. Garamendi, which involved another CA law intended to force disclosure by insurance companies of information relating to claims by Holocaust victims.  Garamendi recognized that presidential foreign policy may preempt state law, even if the absence of a controlling international agreement or federal statute.  However, in Garamendi, the foreign policy was reflected in various sources, including an international executive agreement establishing a compensation fund for Holocaust victims.  Thus, even though the executive agreement did not directly preempt CA state law, it at least reflected an express public policy.  In Movsesian, there is no executive agreement, presidential proclamation, or federal statute which clearly expresses an official foreign policy.  Rather, the Court's sole evidence of a federal foreign policy consisted of a series of letters to Congress from the Executive Branch.  Thus, this case may come closer to recognizing an implied foreign affairs power than any that have previously been decided.

(cgb)

US DOL List of Goods Produced Using Forced Labor or Child Labor

In 2005 and 2008, Congress included in its approval of the Trafficking Victims Protection Reauthorization Act a provision directing the U.S. Secretary of Labor and the Department of Labor’s Bureau of International Labor Affairs (ILAB) to compile “a list of goods that ILAB has reason to believe were produced using forced labor or child labor” in order to provide consumers and firms with this type of information. On September 10, 2009, the Department of Labor complied for the first time with this requirement. The DOL report listing those goods may be found here.   The ILAB reviewed exploitive working conditions in 77 countries based on a preliminary screening indicating higher levels of goods produced by forced or child labor.  The ILAB ultimately identified 122 goods produced with forced or child labor in 58 countries.  Most goods on the list were produced by child labor rather than forced labor.  The International Labor Organization (ILO) estimates that there are 218 million children working right now, of which 126 million engage in hazardous forms of work and an additional untold number are trapped in illegal industries such as the sex trade.  ILO also estimates that there are 12.3 million persons engaged in forced labor.  The industry sector with the most violations was agriculture, followed by manufacturing and mining.  The purpose of the list is to raise awareness of these practices and to increase efforts to end the use of child or forced labor.  ILAB also hopes that consumers, businesses and governments who do not wish to support such practices will use this list as a tool when making purchases.

(cgb)

Happy Independence Day, Nicaragua!

Nicaraguan Independence Day

Message from

U.S. Secretary of State

Hillary Rodham Clinton

Washington, DC

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On behalf of the people of the United States, I extend my congratulations to the people of Nicaragua as they celebrate 188 years of independence on September 15. As Nicaraguans continue the tradition of reading the Act of Independence of Central America in schools throughout the country tomorrow, showing solidarity with all the people of the isthmus in commemorating the freedom and independence of the five Central American republics, they can be proud of their country and confident in the friendship of United States.

On this historic occasion, let me reaffirm the commitment of the United States to build a stronger partnership with the people of Nicaragua in support of their journey toward a more prosperous future. Together we can work to build a more secure, democratic, and thriving hemisphere.