Foreign Policy and International Law

Introduction

Introduction

Introduction

Introduction

I. Introduction

Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? The International Court of Justice (ICJ or Court) answered this question in the affirmative in a groundbreaking decision issued on July 22, 2010. The Court held that the declaration was not prohibited by general international law nor by any specific sources of international law.

Introduction

Introduction

On February 25, 2010, in its ruling in Brita GmbH v. Hauptzollamt Hamburg-Hafen, the European Court of Justice ("ECJ") ruled on the trade implications of one of the hot-potato issues of international law: the status of the territories occupied by Israel.

Introduction

The recent Supreme Court decision in Samantar v. Yousuf[1] definitively resolved one major question about the immunities of foreign government officials from civil suits in U.S. courts; at the same time, it left several others wide open. It thereby guaranteed that the source, scope, and certainty of such immunities will continue to be litigated energetically. This Insight explores some of the questions that will likely figure prominently in that litigation.

Introduction

The past several months have given rise to a number of high-level judicial resignations. While the media has been saturated with commentary regarding the retirement of Justice John Paul Stevens from the United States Supreme Court, of equally profound interest to international legal observers is the retirement of two judges from the International Court of Justice in The Hague, the Netherlands (“the ICJ” or “the Court”) – Judge Thomas Buergenthal of the United States and Judge Shi Jiuyong of China.

The Climate in Copenhagen