Blog Posts: Stephen A. Moore

Sneak Preview: Balancing Freedom of Speech on the Internet Under International Law

Freedom of speech is a fundamental human right which allows people to communicate freely. However, inappropriate communication often leads to conflicts in society. Inappropriate communication can provoke anger and ignite flame wars between people. In particular, inappropriate communication in cultural diversity can easily constitute intercultural or cross-cultural conflict. The “Innocence of Muslims” is an example of inappropriate communication which...

Sneak Preview: The Limits of Regulatory Science in the Governance of Transgenic Plant Agriculture and Food Systems

The current national and transnational regulatory and policy framework for transgenic plant agriculture and food is arguably largely defined by science. Notably, transgenic plant agriculture policy deference to science is ostensibly premised on the general perception that science is neutral, objective, reliable, and agnostic. This is exemplified by cases that range from Alliance for Bio-integrity v Donna Shalala, European Communities: Measures Affecting the Approval and Marketing of Biotech Products, to European Commission v Republic of Poland, in which conscientious, ethical, religious, and cultural oppositional grounds to transgenic plant agriculture and food were trumped by scientific imperatives. However, the lack of unanimity of views amongst scientists on...

Sneak Preview: International Sugar Trade

“You can’t expect both ends of a sugar cane are as sweet.” – Chinese Proverb

This ancient Chinese proverb holds true for not only the varying degrees of sweetness at the ends of a sugar cane, but also for the realities of the international sugar trade. Sugar as a commodity is a major player in the agricultural sector, and the price of sugar impacts markets worldwide.

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.

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. (), 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 (), 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.

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? 

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? 

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.

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