Blog Archive: 2013

The Curious Case of Edward Snowden

During the summer of 2013, the world was captivated by the story of National Security Agency whistleblower Edward Snowden. Currently living in Moscow on a temporary grant of asylum, Snowden has charged the Obama Administration with two related violations of international law: (1) that it interfered with his right to seek asylum; and (2) that it made him stateless by revoking his passport.


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No Comments | Posted by Christian Howard Brill on Wed. December 4, 2013 8:00 AM
Categories: Extradition, International Human Rights, Law of foreign and diplomatic relations, Refugees/Asylum, WikiLeaks

Sneak Preview: Public Policy and the Recognition of Foreign Judgments in Canada

By: Lucien J. Dhooge

This article analyzes Canadian litigation captioned Yaiguaje v. Chevron Corporation which seeks recognition of an $18.2 billion judgment entered in Ecuador in 2011 in what has been labeled as one of the world’s largest environmental lawsuits. The article examines Chevron’s involvement in Ecuador through its predecessor in interest (Texaco) and the history of proceedings in Ecuador, Canada, and the United States and before the Permanent Court of Arbitration. The article then discusses the recognition of foreign judgments in Canada with emphasis upon the public policy defense. The article concludes that utilization of this defense presents significant issues affecting the reputation and credibility of the Canadian judiciary and its liberal approach with respect to recognition of foreign judgments.


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No Comments | Posted by Stephen A. Moore on Fri. November 8, 2013 8:00 AM
Categories: Canada, Conflict of Laws

Attack on Kenya's Westgate Mall Sparks African Union's Battle with the International Criminal Court

Amidst growing unhappiness with the International Criminal Court, the African Union now demands the trial of Kenyan President Uhuru Kenyatta be postponed following the Westgate Mall shooting in Nairobi, Kenya. 


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No Comments | Posted by Emily C. Doll on Thu. November 7, 2013 8:00 AM
Categories: Africa, African Union, International Criminal Court, International Human Rights, Kenya, Terrorism

Sneak Preview: What Remains of the Alien Tort Statute After Kiobel?

By: Matteo M. Winkler

The U.S. Supreme Court held in Kiobel v. Royal Dutch Petroleum Co. (PDF), 133 S. Ct. 1659 (2013), that the Alien Tort Statute (ATS), the well-known 200-years-old statute that entitles aliens to sue before federal courts for torts committed in violation of the law of nations, does not apply extraterritorially. The Court followed the 2010 decision in Morrison v. National Australia Bank (PDF), 130 S. Ct. 2869 (2010), that excluded from the reach of U.S. courts any F-cubed actions, i.e. actions that present three foreign elements such as foreign plaintiffs, foreign defendants and facts happened in a foreign forum.

Kiobel concerned claims for damages for grave violations of human rights allegedly committed against the Ogoni community in Nigeria by the subsidiaries of the Shell group operating in the country. It was a typical F-cubed case, and the Court found it very easy to apply Morrison as leading precedent.


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No Comments | Posted by Stephen A. Moore on Wed. November 6, 2013 8:00 AM
Categories: International Human Rights, U.S. Supreme Court

Free Trade Deal Reached Between Canada and European Union

A new trade deal covers $116 billion in annual trade and makes the E.U. Canada’s second largest trading partner.


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No Comments | Posted by Max P. Biedermann on Tue. November 5, 2013 8:00 AM
Categories: Canada, European Union, Free Trade

Sneak Preview: State v. Gutierrez: International Law Gets Its Day in [State] Court

Carlos Gutierrez (Gutierrez) spent a year abusing Mailin Stafford (Mailin), his three-year-old stepdaughter, for sucking on her thumbs. He subjected her to frequent beatings and spankings, forced her to eat chili peppers and Tabasco sauce and threw her into freezing cold showers until she began to drown or turn blue. On June 15, 2004, Gutierrez punched her in the stomach one last time before she crawled onto his lap and died. A three-judge panel sentenced Gutierrez to death.


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No Comments | Posted by Debolina Das on Mon. November 4, 2013 8:00 AM
Categories: Conflict of Laws, International Human Rights

Sneak Preview: Cyber Attacks and the Beginnings of a Cyber Treaty

The U.S. Navy Seals who killed Osama bin Laden were inside Pakistan for three and a half hours -- undetected. Was their stealth made possible by cyberwarfare? 


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No Comments | Posted by Stephen A. Moore on Wed. October 30, 2013 8:00 AM
Categories: Anonymous, Cyberwarfare, Osama Bin Laden, Pakistan, Terrorism

Sneak Preview: The Influence of Politics at the ICTY

The recent acquittals of Ante Gotovina and Ramush Haradinaj at the International Criminal Tribunal for the Former Yugoslavia (ICTY) have once again raised questions about the nature of the ICTY’s trials: Are they predominantly legal or political? 


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No Comments | Posted by Stephen A. Moore on Tue. October 29, 2013 8:00 AM
Categories: Genocide, International Dispute Resolution, Yugoslavia

Sneak Preview: Rules of Origin and the Kaesong Industrial Complex: South Korea's Uphill Battle Against the Principle of Territoriality

This article is a case study about the rules of origin (ROOs) dealing with products undergoing outward processing (OP) in the Kaesong Industrial Complex (KIC). OP refers to temporary exportation of goods for further manufacturing. As the word “temporary” indicates, the finished goods are usually imported back to the home country for domestic consumption or permanent exportation.


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No Comments | Posted by Stephen A. Moore on Mon. October 28, 2013 8:00 AM
Categories: North Korea, South Korea, World Trade Organization

An Unconventional Approach: Syria and Cyber Attacks

The U.S. has focused on Syria’s chemical weapons, but a Syria-based cyberattack on the New York Times has drawn less attention


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No Comments | Posted by Stephen A. Moore on Tue. October 8, 2013 8:00 AM
Categories: Cyberwarfare, Syria, U.N. Security Council
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