Foreign Policy and International Law

Supreme Court Holds that Noncitizens Detained at Guantanamo Have a Constitutional Right to Habeas Corpus Review by Federal Civilian Courts

On June 12, 2008, the Supreme Court ruled against the U.S. government in cases brought by foreign nationals challenging their detention at the Guantanamo Bay, Cuba military facility.[1] A five-justice majority in Boumediene v. Bush held that the Military Commissions Act of 2006 (MCA)[2] violated the U.S.

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Volume: 
12
Issue: 
13
Author: 
Andrew Kent
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The 2008 Ruggie Report: A Framework for Business and Human Rights

The United Nations Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises,[1] John Ruggie, submitted his final Report to the Human Rights Council on June 3, 2008.[2] The Report and its attendant documents

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Volume: 
12
Issue: 
12
Author: 
Christiana Ochoa
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Kosovo's Declaration of Independence: Self-Determination, Secession and Recognition

Introduction

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Volume: 
12
Issue: 
2
Author: 
Christopher J. Borgen
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Foreign Sovereign Immunities Act: Supreme Court Upholds New York City Action for Tax Liens against UN Missions

In its previous session, the U.S. Supreme Court held in Permanent Mission of India to the United States v.

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Volume: 
11
Issue: 
22
Author: 
Alexander K.A. Greenawalt
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Russia Suspends CFE Treaty Participation

On July 14, 2007, Russian President Vladimir Putin signed a federal decree "On Suspending the Russian Federation's Participation in the Treaty on Conventional Armed Forces in Europe and Related International Agreements."[1] Beyond the political fallout, Russia's decree raises several questions about when a state can suspend its treaty obligations and the legal consequences that flow from such a suspension.

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Volume: 
11
Issue: 
19
Author: 
Duncan B. Hollis
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The United States and the 1982 Law of the Sea Treaty

On May 15, 2007, President George W. Bush "urge[d] the Senate to act favorably on U.S. accession to the United Nations Convention on the Law of the Sea during this session of Congress."[1] In doing so, the President identified four benefits to U.S. interests when the U.S. joins the Convention.

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Volume: 
11
Issue: 
16
Author: 
David D. Caron & Harry N. Scheiber
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The Bush Administration and Democrats Reach a Bipartisan Deal on Trade Policy

Introduction

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11
Issue: 
15
Author: 
Sungjoon Cho
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The Seventh Circuit Again Finds Jurisdiction for Private Remedies for Violations of Article 36 of the Vienna Convention on Consular Relations

As a party to the Vienna Convention on Consular Relations (VCCR), the United States has an obligation to ensure that a detained national of another party to the treaty is informed of the right to contact his or her consulate and request consular assistance.[1] The notification requirement of Article 36 of the VCCR has been at the center of a series of U.S.

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Volume: 
11
Issue: 
14
Author: 
Chimène I. Keitner & Kenneth C. Randall
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The Chemical Weapons Convention After Ten Years: Successes and Future Challenges

On April 29, 2007, the Chemical Weapons Convention (CWC)[1] marks the tenth anniversary of its entry into force. Along with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the Biological Weapons Convention (BWC), the CWC forms an important part of the international law supporting disarmament and non-proliferation concerning weapons of mass destruction.

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Volume: 
11
Issue: 
12
Author: 
David P. Fidler
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Australian Detainee Pleads Guilty before the First Military Commission

Recently, David Hicks, an Australian interned for over five years in Guantanamo Bay, became the first individual sentenced under the newly-constituted Military Commission process. Hicks pleaded guilty to one count of intentionally providing material support to al-Qaeda in the context of an armed conflict against the U.S.[1] and will be repatriated to Australia to serve a further nine months of imprisonment.

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Volume: 
11
Issue: 
11
Author: 
Dr. Stephen Tully
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