This piece singles out the trend among hybrid tribunals to prefer secret and non-adversarial pre-trial charge screening hearings as a worrisome setback for trial fairness in war crimes prosecutions. Such proceedings should be shunned going forward. They amount to an abandonment of the common law notion of an open and adversarial preliminary hearing, and are antithetical to the Rome Statute.
World leaders took the stage at the United Nations General Assembly (UNGA) last month and set out their visions of multilateralism in the 21st century. While United States President Trump captured headlines with his fiery rhetoric, the future of the UN and other international organizations may lie in the speeches of other world leaders.
The Organization for Economic Cooperation and Development (OECD) amended thousands of treaties with one multilateral agreement and a single provision of the Vienna Convention on Law of Treaties – essentially creating new law. This purposeful use of Article 30 allows for renewed reflection over other applications to transnational issues.
In Personam Injunctions and Annulment of Arbitral Awards: Lessons from the First Department’s Citigroup v. Fiorilla DecisionBy: David Blackman
In Citigroup v. Fiorilla, the First Department has approved a remedy that does undue violence both to the terms of the New York Convention and to a foreign legal system, and introduces unwelcome uncertainty into the system of international arbitration.
Among those who agree that discovery pursuant to 28 U.S.C. § 1782 is available in international arbitration, there is a general consensus that discovery requests made after the tribunal has been constituted should only be granted if the arbitral tribunal consents to the request. However, there has been little to no discussion over what consent actually means in this context. This blog post is an attempt to (1) highlight the fact that consent lacks a clear definition in this context, and (2) explore how prior Section 1782 case law and the special concerns raised by international arbitration can inform the meaning of consent.
Philippines’ Recent Proposal to Reinstate Death Penalty: A Setback to Worldwide Progress Towards the Abolition of Capital Punishment?By: Summer Xia
The Philippines House of Representative recently approved a proposal that would reinstate the death penalty for crimes including murder, rape and certain drug offenses. As significant progress toward abolition of capital punishment is observed worldwide, this move by the Philippines may be seen as an unfortunate setback against the general trend worldwide.
The English High court decision in Okpabi v. Royal Dutch Shell that it lacks jurisdiction over a suit against Shell and its Nigerian subsidiary for allegedly polluting and causing environmental damage through its oil production activities sets up a significant hurdle to future suits in English courts for corporate human-rights abuses abroad.
An interview with Professor Paul Williams about careers in international law, Public International Law & Policy Group’s (“PILPG”) assistance to the Syrian opposition at the Geneva talks on Syria, and President Trump.
In the wake of graft scandals in South Korea, Lee Jae-Yong, who is head of Samsung Group, is now behind bars. Though there is a specter of a U.S. FCPA investigation into Samsung, it is unlikely to occur.
Recent calls for the United States to disengage from international organizations raise the need to assess potential legal repercussions of withdrawing from the United Nations.