Saturday, August 18, 2007

International Extradition: Choice of Forum, Choice of Sentence

At Opinio Juris, Kevin Jon Heller reports the arrest of Juan Carlos Ramirez Abadia, a Colombian national, in Brazil. Ramirez Abadia, a long-time and major narcotrafficker, is the subject of a number of U.S. indictments, including one from 2004 that charges him with drug trafficking and racketeering; the U.S. Government has offered $5 million for information leading to his arrest. Ramirez Abadia's arrest was part of a Brazilian investigation of drug trafficking and money laundering and was made possible with the assistance of the U.S. Drug Enforcement Administration, which, among other things, positively identified Ramirez Abadia, who had had plastic surgery, using voice recognition technology.

According to his attorney, Ramirez Abadia would prefer to be extradited to the United States than be sent to Colombia, which apparently is also interested in prosecuting him. He fears that he would be killed by rivals if he were sent to Colombia. Like a number of countries, Brazil will not extradite a person unless the requesting State promises not to impose the death penalty or sentence the person to more than thirty years imprisonment, should a guilty verdict be returned. Kevin wonders whether the United States will formally satisfy any Brazilian conditions on extradition. Article VI of the extradition treaty between the United States and Brazil does allow the requested State (here, Brazil) to require assurances that the death penalty not be imposed, and it is not unusual for the United States to give death penalty assurances. The treaty, however, does not speak to limitations on a sentence to a particular term of years. Nevertheless, the United States has, in some cases, provided such assurances absent a treaty provision, albeit reluctantly.

A number of recent cases illustrate, however, the trickiness of assurances, particularly for the fugitive. First, any U.S. assurances will need to be explicit. As two recent cases demonstrate, unilateral demands (ex ante or ex post) by the requested State for limitations on sentencing will not be upheld absent explicit return assurances by the United States. See United States v. Cueves, 2007 WL 2142400 (2d Cir. July 27, 2007); Benitez v. Garcia, 2007 WL 2034293 (9th Cir. July 16, 2007). Second, even when the United States does provide explicit assurances, such assurances may not be sufficient to guarantee the sentence envisioned by the requested State. That is because sentencing (at least outside the death penalty context) is a judicial, not executive, decision. Thus, in United States v. Baez, 349 F.3d 90 (2d Cir. 2003), the Second Circuit upheld the life sentence of a person extradited from Colombia. In that case, the U.S. Government had provided the Colombian Government with an assurance that the death penalty would not be sought or imposed, that the United States would not seek a sentence of life imprisonment, and that if one were imposed by the trial judge, the United States would seek to have it commuted to a term of years. Because the executive branch can only promise so much in the context of sentencing, some foreign judges (most notably in Mexico prior to that country's Supreme Court's lifting of its ban on life imprisonment) have refused to certify extradition to the United States when their laws prohibit life sentences or sentences of what they consider to be excessive length. (It gets even more interesting when the U.S. prosecuting authorities are state or local officials.)

There are two other issues raised by Ramirez Abadia's apparent interest in facilitating his extradition to the United States. First, should he be allowed to decide who will try him? It is not unusual for a person to be wanted by two or more countries. Ramirez Abadia is apparently wanted by three countries: Brazil, Colombia, and the United States. Pursuant to the U.S.-Brazil Extradition Treaty, a Brazilian prosecution has priority, if authorities there so desire. If not, there could possibly be competing extradition requests: one from Colombia and one from the United States. Brazilian courts, applying Brazilian law and the applicable treaties, would need to decide which request gets priority, but it is likely that if Ramirez Abadia consents to the U.S. request, that request would be granted. (His consent might also expedite his extradition, which might otherwise take some considerable time.) Kevin rightly scoffs at the oddity of a drug kingpin wanting to be extradited to the United States, but international fugitives, when they have the chance, often seek to choose (or influence the choice of) the forum for their prosecution. (See, for example, the failed extradition of Yevgeny Adamov to the United States from Switzerland.)

Second, Ramirez Abadia assumes that, if extradited to the United States, he would not be sent from the United States to Colombia, either if he were acquitted or after he served his sentence. Is that assumption correct? Maybe yes, maybe no. The U.S.-Brazil Extradition Treaty states that the requesting State cannot re-extradite the fugitive except with the permission of the requested State or if the fugitive remains in the requesting State for thirty days after he has been set a liberty. Thus, according to the Treaty, the United States could only extradite Ramirez Abadia to Colombia if Brazil agreed. The Treaty, however, does not speak to immigration proceedings. So while it would violate the spirit of the Treaty, the United States could place Ramirez Abadia in removal proceedings, which could lead to his deportation (not "extradition") to Colombia. If he were deported to Colombia, though, Ramirez Abadia might still avoid prosecution there if the statute of limitations for his alleged crimes had run. Of course, he might still be in jeopardy from his rivals, which seems to be his main concern, if they were still around.

All this means that there is much for Ramirez Abadia's attorneys to discuss with U.S. Department of Justice officials when they meet to talk about his extradition, as they reportedly will.

Friday, August 17, 2007

New Issue: Humanitäres Völkerrecht

The latest issue of Humanitäres Völkerrecht (Vol. 20, no. 2, 2007) is out. Contents include:
  • Peter Rackow & Ignaz Stegmiller, "Intelligente Sanktionen" zur Terrorbekämpfung - Yusuf, Kadi, Ayadi und Hassan for dem EuG
  • Theodora Christodoulidou & Kalliopi Chainoglou, The Principle of Proportionality in Self-Defence and Humanitarian Intervention
  • Jean-Pascal Obembo, Recreating the Human Rights Commission with only a name change while replicating its main flaw
  • Anna Sabasteanski, Nuclear Cover-ups

Gotanda: A Study of Interest

John Y. Gotanda (Villanova Univ. - Law) has posted A Study of Interest (Dossiers of the ICC Institute of World Business Law, forthcoming). Here's the abstract:
In recent years, a number of tribunals, mainly those deciding investment disputes, have re-examined traditional practices concerning the awarding of interest, particularly whether interest should be awarded at market rates and on a compounded basis. However, many tribunals deciding transnational contracts disputes continue to follow the practice of applying national laws on interest, which often results in the application of domestic statutory interest rates calling for a fixed rate of interest to accrue on a simple as opposed to compound basis. These statutory rates often do not change to reflect economic conditions and thus may under compensate or over compensate a claimant. I argue that when tribunals award interest in both international investment disputes and transnational contract disputes they should strive to fully compensate the aggrieved party for the loss of the use of its money. In many cases then, they should award interest at a market rate and on a compound basis. I begin the article by providing an overview of interest and a brief comparative study of laws providing for its payment, the period during which interest should accrue, and the rate of interest. I then compare the practice of awarding interest in international commercial disputes and international investment disputes. I conclude by offering a proposal that essentially provides a framework for awarding interest as damages and achieves the goal of awarding interest to make a party whole after being deprived of the opportunity to earn a return on the use of its money.

New Issue: Arbitration International

The latest issue of Arbitration International (Vol. 23, no. 3, 2007) is out. Contents include:
  • Gabrielle Kaufmann-Kohler, Arbitral Precedent: Dream, Necessity or Excuse?
  • John Fellas, Using Section 1782 In International Arbitration
  • Marcus Desax, Arbitration of Tax Treaty Disputes: The OECD Proposal
  • Lord Saville of Newdigate, International Financial Services Conference: Has London Met the Challenge?
  • V.V. Veeder, International Financial Services Conference: Has London Met the Challenge?
  • Bruce Harris, Report on the Arbitration Act 1996
  • Michael Marks Cohen, A Missed Opportunity to Revise the Arbitration Act 1996
  • Matthew Saunders & Claudia Salomon, Enforcement of Arbitral Awards Against States and State Entities
  • Jan Paulsson, Arbitration-Friendliness: Promises of Principle and Realities of Practice
  • William W. Park, Two Faces of Progress: Fairness and Flexibility in Arbitral Procedure
  • Peter J. Rees, The Conduct of International Arbitration in England: The Challenge Has Still to Be Met

New Issue: Journal of International Arbitration

The latest issue of the Journal of International Arbitration (Vol. 24, no. 4, August 2007) is out. Contents include:
  • Stavros Brekoulakis, The Notion of the Superiority of Arbitration Agreements over Jurisdiction Agreements: Time to Abandon It?
  • Olaf Meyer, Time to Take a Closer Look: Privilege in International Arbitration
  • Mark R. Joelsen, The Interplay of International, Federal and State Law in US Arbitration
  • M. Scott Donahey, California and Arbitrator Failure to Disclose

Thursday, August 16, 2007

Kaye: Threats from the Global Commons

Stuart B. Kaye (Univ. of Melbourne - Law) has posted Threats from the Global Commons: Problems of Jurisdiction and Enforcement (Melbourne J. of Int'l L.,Vol. 8, no. 1, 2007). Here's the abstract:
This commentary considers a number of potential threats to security originating from the global commons. While direct attacks on a state from vessels and aircraft passing through the global commons constitute such threats, this paper focuses upon challenges posed by possible action against maritime activity occurring outside the territorial sea and national airspace. In this context, there are vulnerabilities surrounding a variety of activities in the global commons. These include threats to international maritime trade and fisheries, possible attacks on offshore oil and gas installations, and interference with pipelines and submarine cables. There are significant limitations on the ability of a coastal state to respond within international law. This commentary considers the nature of jurisdiction beyond the territorial sea, and investigates what protective and responsive actions are available to states. It concludes by considering current international developments which provide for cooperation in intelligence, surveillance and interdiction, and greater use of port state control to circumvent these jurisdictional limitations.

Aceves: The Anatomy of Torture

William J. Aceves (California Western School of Law) has published The Anatomy of Torture: A Documentary History of Filartiga v. Pena-Irala (Martinus Nijhoff Publishers 2007). Here's the abstract:

In recent years, victims of human rights abuses have filed civil lawsuits in U.S. courts to seek redress for their injuries. This litigation provides a voice to victims of human rights abuses and a court to hear their claims. More broadly, it seeks to promote accountability for violations of international law.

This book tells the story of Filartiga v. Pena-Irala, one of the most significant examples of human rights litigation in the United States. It presents Filartiga as a documentary history - an approach to legal scholarship that has become increasingly popular in recent years. Unlike traditional casebooks and academic studies, this book emphasizes the dynamic and iterative nature of law. From the initial complaint to the final judgment, the actual pleadings and related legal documents appear with minimal editing. These documents are supplemented through commentary by various participants in the litigation - parties, attorneys, government officials, and judges. Other documents, including declassified government telegrams and correspondence are provided.

Through a mixture of archival research and personal interviews, The Anatomy of Torture brings human rights law to life and provides new insights on a celebrated case. It also recognizes the importance of studying law in context and emphasizes the value of law in the search for justice and accountability.

Stürchler: The Threat of Force in International Law

Nikolas Stürchler (Ministry of Foreign Affairs, Switzerland) has published The Threat of Force in International Law (Cambridge Univ. Press 2007). Here's the abstract:
Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the ‘diplomacy of violence’.

Triggs & Riddell: Antarctica: Legal and Environmental Challenges for the Future

Gillian Triggs (British Institute of International and Comparative Law & Univ. of Melbourne - Law) & Anna Riddell (British Institute of International and Comparative Law) have published Antarctica: Legal and Environmental Challenges for the Future (British Institute of International and Comparative Law 2007). Contents include:
  • Marie Jacobsson, The Antarctic Treaty System: Legal and Environmental Issues: Future Challenges for the Antarctic Treaty System
  • Patrizia Vigni, The Secretariat of the Antarctic Treaty: Achievements and Weaknesses three Years after its Establishment
  • Stuart Kaye, IUU Fishing in the Southern Ocean: Challenge and Response
  • Christopher C. Joyner, The Emerging Legal Regime for Navigation through Antarctic Ice-Covered Waters
  • Alan Brown, Some Current Issues Facing the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR)
  • Louise Angelique de La Fayette, Responding to Environmental Damage in Antarctica
  • Debra Enzenbacher, Antarctic Tourism Policy-Making: Current Challenges and Future Prospects
  • Ivana Zovko, Vessel-Sourced Pollution in the Southern Ocean: Benefits and Shortcomings of Regional Regulation

Wednesday, August 15, 2007

New Issue: Rivista di Diritto Internazionale

The latest issue of the Rivista di Diritto Internazionale (Vol. 90, no. 2, 2007) is out. Contents include:

  • F. Salerno, La Rivista e gli studi di diritto internazionale nel periodo 1906-1943
  • L. Sbolci, Conflitti tra istituzioni dell'Unione europea e accordi interistituzionali
  • L. Magi, Note e commenti - Il commercio di beni utilizzabili per praticare la pena di morte, la tortura e altri trattamenti disumani e recenti misure comunitarie di contrasto
  • P. Fois, Panorama - La Corte internazionale di giustizia e i crimini dello Stato
  • M. Spinedi, Panorama - L'attribuzione allo Stato dei comportamenti di gruppi armati da esso sostenuti nella sentenza della Corte internazionale di giustizia sul genocidio in Bosnia-Erzegovina
  • S. Forlati, Panorama - Violazione dell'obbligo di prevenire il genocidio e riparazione nell'affare Bosnia-Erzegovina c. Serbia
  • A. Bultrini, Panorama - La recente evoluzione del contenzioso dell'Italia di fronte alla Corte europea dei diritti dell'uomo
  • P. Franzina, Panorama - L'adesione della Comunità europea alla Conferenza dell'Aja di diritto internazionale privato

Schmitt & Pejic: International Law and Armed Conflict

Michael Schmitt (United States Naval War College) & Jelena Pejic (International Committee of the Red Cross) have published International Law and Armed Conflict: Exploring the Faultlines. Essays in Honour of Yoram Dinstein (Martinus Nijhoff Publishers 2007). Contents include:
  • Ivan Shearer, A Revival of the Just War Theory?
  • Thomas Franck, Rethinking Collective Security
  • Dino Kritsiotis, Topographies of Force
  • W. Michael Reisman & Andrea Armstrong, Claims to Pre-emptive Uses of Force: Some Trends and Projections and Their Implications for World Order
  • Terry D. Gill, The Temporal Dimension of Self-Defense: Anticipation, Preemption, Prevention and Immediacy
  • Michael N. Schmitt, Responding to Transnational Terrorism under the Jus ad Bellum: A Normative Framework
  • John F. Murphy, Is U.S. Adherence to the Rule of Law in International Affairs Feasible?
  • Ruth Wedgwood, The Military Action in Iraq and International Law
  • Marco Sassòli, Ius ad Bellum and Ius in Bello: The Separation between the Legality of the Use of Force and Humanitarian Rules to Be Respected in Warfare: Crucial or Outdated?
  • Kenneth Watkin, 21st Century Conflict and International Humanitarian Law: Status Quo or Change?
  • Bill Boothby, The Law of Weaponry - Is It Adequate?
  • Charles H.B. Garraway, "Combatants" - Substance or Semantics?
  • Jelena Pejic, "Unlawful/Enemy Combatants": Interpretations and Consequences
  • Avril McDonald, Ghosts in the Machine: Some Legal Issues Concerning US Military Contractors in Iraq
  • Theodor Meron, Leaders, Courtiers and Command Responsibility in Shakespeare
  • Andru E. Wall, Civilian Detentions in Iraq
  • Adam Roberts, Transformative Military Occupation: Applying the Laws of War and Human Rights
  • Rüdiger Wolfrum, The Adequacy of International Humanitarian Law Rules on Belligerent Occupation: To What Extent May Security Council Resolution 1483 Be Considered a Model for Adjustment?
  • Fania Domb, The Separation Fence in the International Court of Justice and the High Court of Justice: Commonalities, Differences and Specifics
  • Wolff Heintschel von Heinegg, “Benevolent” Third States in International Armed Conflicts: The Myth of the Irrelevance of the Law of Neutrality

New Volume: South African Yearbook of International Law

The latest volume of the South African Yearbook of International Law (Vol. 31, 2006) is out. Contents include:

  • Herman Blignaut & André Meyer, Registered Design and Trade Mark Protection: A South African Perspection
  • Neville Botha, African International Scholars and their Contribution to the Development of International Law
  • James Crawford, The ILC's Articles on Diplomatic Protection
  • M.P. Fereira-Snyman & G.M. Ferreira, Global Good Governance and Good Global Governance
  • Hennie Strydom, Chronocles of United Nations Reform
  • Elias M. Ngolele, The Content of the Doctrine of Self-Execution and its Limited Effect in South Afican Law
  • Michiele Olivier, Compliance with Reporting Obligations Under International Law: Where Does South Africa Stand?
  • Martin Kunschak, The African Union and the Right to Intervention: Is There a Need for UN Security Council Authorisation?
  • Christo Botha, "If You Can't Be With the One You Love, Love the One You're With": A Critical Analysis of the Latest South African Anti-Mercenary Legislation
  • Dire Tladi, Reflections on the Rule of Law in International Law: The Security Council, International Law and the Limits of Power
  • Stephen Peté & Max Du Plessis, International Law and Reparations for the Atlantic Slave Trade: A Case Study in Legal Obfuscation
  • Rebecca M.M. Wallace, Secretary of State for the Home Department (Respondent) v K (FC) (Appellant); Fornah (FC) (Appellant) v Secretary of State for the Home Department (Respondent) Appellate Committee 2006 UKHL 46
  • Margaret Beukes, The Recognition of a Right of Access to Government-Held Information by an International Tribunal and the Role of Non-Governmental Organisations in the Occasion
  • G.N. Barrie, Reaction of USA Courts to the ICJ "Avena" Judgment
  • Neville Botha, South African Judicial Decisions: Functionaries and Functions in Extradition Proceedings

Kühne, Esser, & Gerding: Völkerstrafrecht

Hans-Heiner Kühne (Universität Trier - Law), Robert Esser (Universität Passau - Law), & Marc Gerding have published Völkerstrafrecht: 12 Beiträge zum internationalen Strafrecht und Völkerstrafrecht (Julius Jonscher Verlag 2007). Contents include:
  • André Eichhofer, Die Rechtsquellen des Völkerstrafrechts
  • Julia Kugler, Die Historische Entwicklung des Völkerstrafrechts
  • Regine Hartstein, Materielles Völkerstrafrecht
  • Jutta Hartmann, Das Deutsche Völkerstrafgesetzbuch
  • Anna Braunroth, Handeln auf Befehl - ein Rechtfertigungsgrund?
  • Julia Gebhard, Die Strafrechtliche Immunität von Amtsträgern
  • Andreas Schüller, Das Rückwirkungsverbot im Völkerstrafrecht
  • Anna Oehmichen, Male Captus - Bene Detentus
  • Marc Gerding, Völkerstrafrecht vor internationalen Strafgerichten
  • Daniela A. Giannone, Die Kooperation mit internationalen Strafgerichten
  • Sabine Lorenz, Die Beweisaufnahme vor internationalen Strafgerichten
  • Hann Schwinghammer, Opfer- und Zeugenschutz vor internationalen Gerichten

Wilkinson: International Relations: A Very Short Introduction

Paul Wilkinson (Univ. of St. Andrews - Int'l Relations) has published International Relations: A Very Short Introduction (Oxford Univ. Press 2007). Here's the abstract:
In the post-September 11th arena of growing political tension and unease, it is more important than ever that we understand the changing world of modern international relations. With this comprehensive and accessible book, Paul Wilkinson covers the topics that are essential to our knowledge of this complex subject. He explains the theories and the practices that underlie international relations, and investigates issues ranging from foreign policy, arms control, and terrorism, to the environment and world poverty. Wilkinson examines key questions such as how the international state system might be improved to facilitate better relations between states, explores the roles of international organizations such as the United Nations and the European Union, and discusses the influences that ethnic, and religious movements, and terrorist groups have had on shaping the way states and governments interact.

Tuesday, August 14, 2007

New Issue: Mealey's International Arbitration Report

The latest issue of Mealey's International Arbitration Report (Vol. 22, no. 7, July 2007) is out.

New Issue: Schweizerische Zeitschrift für internationales und europäisches Recht

The latest issue of the Schweizerische Zeitschrift für internationales und europäisches Recht (Vol. 17, no. 1, 2007) is out. Contents include:
  • Gloria Gaggioli & Robert Kolb, L'apport de la Cour Européenne des Droits de l'Homme au droit international humanitaire en matière de droit à la vie
  • Samantha Besson, La pluralité d'Etats responsables
  • Marco Bundi & Simon M. Meisenberg, Staatssourveränität vs. Wahrheitsfindung im Völkerstrafrecht

New Issue: International Community Law Review

The latest issue of the International Community Law Review (Vol. 9, no. 2, September 2007) is out. Contents include:
  • Malgosia Fitzmaurice, Editorial
  • Martin Scheinin, The ICJ and the Individual
  • Dinah Shelton, The International Court of Justice and Nongovernmental Organizations
  • Timo Koivurova, The International Court of Justice and Peoples
  • Catherine Brolmann, The International Court of Justice and International Organisations
  • Marius Emberland, The International Court of Justice and Companies: Is It Possible to Discern a "Structural Bias" at the Court Regarding Private Economic Enterprise?
  • Matthew Berger, German Corporate Convergence to a Market Based System

Heller: What Happens to the Acquitted?

Kevin Jon Heller (Univ. of Auckland - Law) has posted What Happens to the Acquitted?. Here's the abstract:

According to the ICTR, Emmanuel Bagambiki is an innocent man. The Trial Chamber and the Appeals Chamber have each acquitted - unanimously - the former Prefect of Cyangugu of crimes relating to Rwanda's horrific 1994 genocide. And on July 19, Bagambiki was reunited with his wife in children in Belgium, having been granted asylum just days earlier.

It is tempting to conclude that justice has been done in Bagambiki's case. That conclusion, however, would be too facile: Bagambiki was acquitted in February, 2006, nearly 18 months before his family reunion. In the interim he lived in a safe-house in Arusha paid for by the United Nations, wanted by Rwanda for trial on related charges and unable to convince Belgium that he posed no danger to its peace and security. Bagambiki, moreover, is one of the lucky ones: the nightmare of being "free" but having nowhere to go continues for two of his acquitted roommates in the safe-house, Andre Ntagerura and Andre Rwamakuba, Rwanda's minister of transportation and former minister of education respectively.

Rwamakuba and Ntagerura's ongoing plight illustrates one of the basic problems facing international criminal tribunals: what to do with the acquitted. An acquitted defendant normally has two options: return to his country of origin, or find a third country that will grant him asylum. Both options, however, have been problematic for defendants acquitted by the ICTR - and are likely to prove equally problematic for defendants who may be acquitted in the future by the ICC. This short essay explains why - and identifies what the international community should do about it.

New Issue: Archiv des Völkerrechts

The latest issue of the Archiv des Völkerrechts (Vol. 45, no. 2, June 2007) is out. Contents include:
  • Peter Behrens, Towards the Constitutionalization of International Investment Protection
  • Markus Krajewski & Jan Ceyssens, Internationaler Investitionsschutz und innerstaatliche Regulierung
  • Christian J. Tams & Carl-Sebastian Zoellner, Amici Curiae im internationalen Investitionsschutzrecht

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 22, no. 2, 2007) is out. Contents include:
  • Clive Schofield, Minding the Gap: The Australia-East Timor Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS)
  • Andrew Serdy, Law of the Sea Aspects of the Negotiations in the WTO to Harmonise Rules of Origin
  • James Kraska, The Law of the Sea Convention and the Northwest Passage
  • James Harrison, Judicial Law-Making and the Developing Order of the Oceans

Monday, August 13, 2007

Byttebier & Van der Borght: WTO Obligations and Opportunities: Challenges of Implementation

Koen Byttebier (Vrije Universiteit Brussel - Law) & Kim Van der Borght (Univ. of Hull - Law) have published WTO Obligations and Opportunities: Challenges of Implementation (Cameron May 2007). Contents include:
  • William J. Davey, The World Trade Organization at 10: Successes and Challenges
  • Jan Wouters, & Dominic Coppens, Domestic Regulation within the Framework of GATS
  • Samer Fares & Koen Byttebier, The EU Liberalisation of Financial Services: the EC Obligations in Comparison to the GATS Commitments
  • Sandrine Maljean-Dubois & Émilie Etchelar, World Trade and International Normalisations: Codex Alimentarius
  • Katia Bodard, Katia The Impact on National Environmental Policy of TBT Rules
  • Jonathan Goldsmith, Liberalisation of Legal Professions and Services: a View from the CCBE
  • Katarzyma Gromek-Broc, Towards a Transnational Legal Order for Lawyers in the Light of Globaliasation, the WTO's Achievements and the EU Single Market
  • André Bywater, Trading in Chemicals and Substances within the WTO Framework: Barriers to Trade or Legitimate Regulation?
  • Lode Van den Hende, The EC as a Collective Member of the WTO: what Role for the European Courts
  • John Grayston, Too Good to use: Comments on the Application of Safeguard Measures in the Light of the Recent Investigations into Certain Steel Products
  • Juan Yu, International Trade in Textiles: Challenges for China
  • Sai Sai Wang, China and the WTO Anti-dumping Agreement: Challenges of a Developing Market Economy
  • Ragunath Aananthapur, TRIPs & Traditional Knowledge: Fighting a Losing Battle: an Indian Perspective
  • Ravindra Pratap, India and DSU Reform Negotiations: a Critical Appraisal
  • Servaas van Thiel, The General Agreement on Trade in Services and Income Taxation
  • Farkhanda Zia Mansoor, Assessing Tools to end Child Labour: Domestic Implementation or External Enforcement?
  • Markus Burianski, Is there a Role for the WTO in the Conflict between Globalisation and the Protection of Social Norms?

New Issue: Revue Générale de Droit International Public

The latest issue of the Revue Générale de Droit International Public (Vol. 111, no. 2, 2007) is out. Contents include:
  • Symposium: L'arrêt de la C.I.J. dans l'affaire du génocide
    • Pierre-Marie Dupuy, Crime sans châtiment ou mission accomplie?
    • Jean-Marc Sorel, Les multiples lectures d'un arrêt: entre sentiment d'impunité et sentiment de cohérence, une décision à relativiser
    • Paola Gaeta, Génocide d'Etat et responsabilité pénale individuelle
    • Hervé Ascensio, La responsabilité selon la Cour internationale de Justice dans l'affaire du génocide bosniaque
    • Philippe Weckel, L'Arrêt sur le génocide: le souffle de l'Avis de 1951 n'a pas transporté la Cour
  • Enzo Cannizzaro, Entités non-étatiques et régime international de l'emploi de la force une étude sur le cas de la réaction israélienne au Liban
  • Alexandra Bellayer-Roille, La lutte contre le narcotrafic en mer Careibe: une coopération internationale à géométrie variable
  • Yadh Ben Achour, Notes - L'islam et la Cour européenne des droits de l'Homme
  • Jean-Pierre Levy, Notes - De quelques ''modifications'' et "interprétations'' de la Convention sur le droit de la mer
  • Antoniya Nedelcheva, Notes - Chypre: la partition à l'aune de l'adhésion . . . ou le contraire?
  • Anne-Sophie Millet-Devalle, Notes - Non-prolifération nucléaire: le régime de non-prolifération, mouvements d'ensemble et mouvements partiels

New Issue: Arbitration: The International Journal of Arbitration, Mediation and Dispute Management

The latest issue of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management (Vol. 73, no. 2, May 2007). Contents include:
  • Bernhard F. Meyer-Hauser & Philipp Sieber, Attorney Secrecy v. Attorney-Client Privilege in International Commercial Arbitration
  • Per Runeland & Gordon Blanke, On Provisional Measures in English Arbitrations: A Brief Overview
  • Emilia Onyema, Empirically Determined Factors in Appointing Arbitrators in International Commercial Arbitration
  • Anna Katharina Müller, Enforcing Foreign Arbitration Awards in Switzerland: Procedural Obstacles and Practical Issues to Consider Beforehand
  • John Reid-Rowland, Arbitration in Zimbabwe: The UNCITRAL Model Law in Practice in a Developing Country

New Issue: American Review of International Arbitration

The latest issue of the American Review of International Arbitration (Vol. 16, nos. 3-4, 2005) is out. Contents include:
  • Alberto Alvarez-Jiménez, Ex Post General Regulation and Investment Protection in Recent International Arbitration
  • Matthias Lehmann, Options for Dispute Resolution under the Investment Chapters of NAFTA and CAFTA
  • Peter Kucherepa, Reviewing Trends and Proposals to Recognize Oral Agreements to Arbitrate In International Arbitration Law
  • Olagoke O. Olatawura, The "Privy to Arbitration" Doctrine: The Withering of the Common-Law Privity of Contract Doctrine in Arbitration Law
  • Anjanette H. Raymond, Confidentiality in a Forum of Last Resort: Is the Use of Confidential Arbitration a Good Idea for Business and Society?
  • Xiaobing Xu, Different Mediation Traditions: A Comparison between China and the U.S.

New Issue: International & Comparative Law Quarterly

The latest issue of the International & Comparative Law Quarterly (Vol. 56, no. 3, July 2007) is out. Contents include:
  • Konrad Schiemann, Europe and the Loss of Sovereignty
  • Nick Gallus, Recent BIT Decisions and Composite Acts Straddling the Date a Treaty Comes into Force
  • Gerard McCormack, Control and Corporate Rescue - An Anglo-American Evaluation
  • Annemarieke Vermeer-Künzli, A Matter of Interest: Diplomatic Protection and State Responsibility Erga Omnes
  • Jérémie Gilbert, Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title
  • Jan L. Neels, The Revocation of Wills in South African Private International Law
  • Anthony E. Cassimatis, International Humanitarian Law, International Human Rights Law, and Fragmentation of International Law
  • Gregory Dale, Appealing to Whom? Australia's ‘Appellate Jurisdiction’ over Nauru

Sunday, August 12, 2007

New Issue: Stockholm International Arbitration Review

The latest issue of the Stockholm International Arbitration Review (Vol. 2007, no. 1) is out. Contents include:
  • Polina Permyakova, Denial of Jurisdiction: Form, Consequences and Review Under the Model Law, National Arbitration Laws and Case Law
  • Mannuel Arroyo, Lis Pendens in International Arbitration - The Newly Adopted Swiss Approach
  • Luke Eric Peterson, Investment Treaty Arbitration: Mapping the Non-ICSID Universe

Conference: ESIL Biennial Research Forum

The European Society of International Law's second Biennial Research Forum will take place September 28-29, 2007, in Budapest at the Eötvös Loránd University. The program is here. Why attend?

The Research Forum’s main aim is to promote the exchange of fresh ideas between both junior and more established scholars. As this is the first event organised by ESIL in Central and Eastern Europe, its concentration is on issues currently affecting the region. Two fundamental questions are addressed:

1. What is the role of classical international law in the region, when the expectations and aspirations of both politicians and the society at large are dominated by the European Union?

2. Have countries of the region realised that by joining the developed world’s organisations they should also share in the developed world’s global responsibilities?

Kaplan: NATO 1948

Lawrence S. Kaplan (Kent State Univ. & Georgetown Univ.) has published NATO 1948: The Birth of the Transatlantic Alliance (Rowman & Littlefield Publishers 2007). Here's the abstract:

This compelling history brings to life the watershed year of 1948, when the United States reversed its long-standing position of political and military isolation from Europe and agreed to an "entangling alliance" with ten European nations. Not since 1800, when the United States ended its alliance with France, had the nation made such a commitment. The historic North Atlantic Treaty was signed on April 4, 1949, but the often-contentious negotiations stretched throughout the preceding year.

Lawrence S. Kaplan, the leading historian of NATO, traces the tortuous and dramatic process, which struggled to reconcile the conflicting concerns on the part of the future partners. Although the allies could agree on the need to cope with the threat of Soviet-led Communism and on the vital importance of an American association with a unified Europe, they differed over the means of achieving these ends. The United States had to contend with domestic isolationist suspicions of Old World intentions, the military's worries about over extension of the nation's resources, and the apparent incompatibility of the projected treaty with the UN charter. For their part, Europeans had to be convinced that American demands to abandon their traditions would provide the sense of security that economic and political recovery from World War II required.

Kaplan brings to life the colorful diplomats and politicians arrayed on both sides of the debate. The end result was a remarkably durable treaty and alliance that has linked the fortunes of America and Europe for over fifty years. Despite differences that have persisted and occasionally flared over the past fifty years, NATO continues to bind America and Europe in the twenty-first century. Kaplan's detailed and lively account draws on a wealth of primary sources - newspapers, memoirs, and diplomatic documents - to illuminate how the United States came to assume international obligations it had scrupulously avoided for the previous 150 years.

New Issue: Netherlands International Law Review

The latest issue of the Netherlands International Law Review (Vol. 54, no. 2, August 2007) is out. Contents include:
  • Arthur Eyffinger, A Highly Critical Moment: Role and Record of the 1907 Hague Peace Conference
  • Marco Roscini, Threats of Armed Force and Contemporary International Law
  • Avril Mcdonald, Declarations of War and Belligerent Parties: International Law Governing Hostilities Between States and Transnational Terrorist Networks
  • Jann K. Kleffner, From ‘Belligerents’ to ‘Fighters’ and Civilians Directly Participating in Hostilities - On the Principle of Distinction In Non-International Armed Conflicts One Hundred Years After the Second Hague Peace Conference
  • Elizabeth Chadwick, The 'Impossibility' of Maritime Neutrality During World War I
  • J.G. Merrills, The Mosaic of International Dispute Settlement Procedures: Complementary or Contradictory?
  • Jacomijn J. Van Haersolte-Van Hof, The Revitalization of the Permanent Court of Arbitration

Nordquist, Long, Heidar, & Moore: Law, Science, and Ocean Management

Myron H. Nordquist (Univ. of Virginia - Center for Oceans Law and Policy), Ronán Long (National Univ. of Ireland, Galway - Law), Tomas H. Heidar (Legal Adviser, Ministry of Foreign Affairs, Iceland) & John Norton Moore (Univ. of Virginia - Law) have published Law, Science & Ocean Management (Martinus Nijhoff Publishers 2007). Contents include:
  • Joe Borg, The Green Paper on a Future Holistic Maritime Policy for the European Union and the Law of the Sea
  • Patricio A. Bernal, Observations and Knowledge of the Oceans: Marine Scientific Research, the Transfer of Marine Technology and Capacity Building
  • Satya N. Nandan, The International Seabed Authority and its Promotion of Marine Scientific Research
  • Rory Brady, The European Community and Environmental Protection
  • Peter Heffernan, Perspectives on Marine Scientific Research
  • Alfred H.A. Soons, The Legal Regime of Marine Scientific Research: Current Issues
  • S.M. Garcia, The Ecosystem Approach to Fisheries: On the Way to Implementation
  • Poul Degnbol, Ecosystem Approach to Fisheries Management in Europe
  • Michael P. Crosby, Improving International Relations through Marine Science Partnerships
  • Ronán Long, Marine Science Capacity Building and Technology Transfer: Rights and Duties go Hand in Hand under the 1982 UNCLOS
  • David Freestone, Capacity Building and the Implementation of the Law of the Sea Convention: A View from the World Bank
  • Arial W. González, Cutting a Gordian Knot?: Towards a Practical and Realistic Scheme for the Transfer of Marine Technology
  • Vladimir Golitsyn, Capacity Building: A View from the United Nations
  • Guifang Xue, Capacity Building for Integrated Ocean Management: A Chinese Perspective
  • Paul Kelly, Marine Science and Policy: Continental Shelf Petroleum Development
  • Stefán Ássmundsson, Whaling
  • George Taft, Applying the Law of the Sea Convention and the Role of the Scientific Community relating to Establishing the Outer Limit of the Continental Shelf where it extends beyond the 200 Mile Limit
  • Igor Vio & Mira Lulić, Extension of the Jurisdiction of the Republic of Croatia in the Adriatic Sea
  • David Anderson, Scientific Evidence in Cases under Part XV of the LOSC
  • Alan Boyle, Forum Shopping for UNCLOS Disputes relating to Marine Scientific Research
  • J. Ashley Roach, Defining Scientific Research: Marine Data Collection
  • Aldo Chircop, Advances in Ocean Knowledge and Skill: Implications for the MSR Regime
  • Erik Jaap Molenaar, Managing Biodiversity in Areas beyond National Jurisdiction
  • Margaret F. Hayes, Charismatic Microfauna: Marine Genetic Resources and the Law of the Sea
  • K.L. Cochrane, Marine Protected Areas as Management Measures: Tools or Toys?
  • Ferdinand Millicay, A Legal Regime for the Biodiversity of the Area