International Courts and Tribunals

ICC Prosecutor charges the President of Sudan with genocide, crimes against humanity and war crimes in Darfur

On July 14, 2008, the Prosecutor of the International Criminal Court ("ICC", "Court") applied to Pre-Trial Chamber III of the Court for an arrest warrant against the President of Sudan, Omar Hassan Ahmad al-Bashir.[1] This is the first time that the Prosecutor filed charges against a sitting head of state.

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Volume: 
12
Issue: 
15
Author: 
Marko Milanovic
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Hall Street Assocs. v. Mattel, Inc.: Supreme Court Denies Enforcement of Agreement to Expand the Grounds for Vacatur Under the Federal Arbitration Act

On March 25, 2008, the United States Supreme Court announced its judgment in Hall Street Assocs. v. Mattel, Inc.,[1] a case involving the exclusivity of the grounds for vacating arbitral awards under the Federal Arbitration Act (FAA). As explained below, the decision holds that the disputing parties may not agree to expand the grounds for vacatur beyond those listed in 9 U.S.C. § 10.

Topic: 
Volume: 
12
Issue: 
11
Author: 
Charles H. Brower, II
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Organizations of Note: 

Prosecutor v. Brima, Kamara, and Kanu: First Judgment from the Appeals Chamber of the Special Court for Sierra Leone

I. Introduction

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Volume: 
12
Issue: 
10
Author: 
Charles C. Jalloh & Janewa Osei-Tutu
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Saadi v Italy: European Court of Human Rights Reasserts the Absolute Prohibition on Refoulement in Terrorism Extradition Cases

On February 28, 2008, the Grand Chamber of the European Court of Human Rights (ECtHR) handed down its judgment in Saadi v Italy.[1] In this case, Italy and the United Kingdom (as third party intervener) claimed that the climate of international terrorism called into question the appropriateness of the ECtHR's existing jurisprudence on states' non-refoulement obligation under Article 3 of the European Convention on Human Rights (European Conve

Topic: 
Volume: 
12
Issue: 
9
Author: 
Fiona de Londras
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Organizations of Note: 

Prosecutor v. Ramush Haradinaj et al.: The International Criminal Tribunal for the Former Yugoslavia and the Threshold of Non-International Armed Conflict in International Humanitarian Law

On April 3, 2008, Trial Chamber I (Trial Chamber) of the International Criminal Tribunal for the former Yugoslavia (ICTY) delivered the judgment in Prosecutor v.

Topic: 
Volume: 
12
Issue: 
7
Author: 
Anthony Cullen & Marko Divac Öberg
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Medellin v. Texas: Supreme Court Holds ICJ Decisions under the Consular Convention Not Binding Federal Law, Rejects Presidential Enforcement of ICJ Judgments over State Proceedings

On March 25, 2008, the U.S. Supreme Court decided Medellin v. Texas,[1] a case in which a Mexican national on death row in Texas challenged his conviction on the basis that he was not afforded his right of consular notification under the Vienna Convention on Consular Relations (VCCR). In a 6-3 decision, the Court held that the 2004 decision of the International Court of Justice (ICJ) in Mexico v.

Topic: 
Volume: 
12
Issue: 
6
Author: 
Margaret E. McGuinness
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The WTO Gambling Dispute: Antigua Mulls Retaliation as the U.S. Negotiates Withdrawal of its GATS Commitments

Introduction

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Volume: 
12
Issue: 
5
Author: 
Simon Lester
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A WTO Panel Openly Rejects the Appellate Body's "Zeroing" Case Law

Topic: 
Volume: 
12
Issue: 
3
Author: 
Sungjoon Cho
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ICSID Annulment Committee Rules on the Relationship between Customary and Treaty Exceptions on Necessity in Situations of Financial Crisis

Introduction

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Volume: 
11
Issue: 
30
Author: 
Jürgen T. Kurtz
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Canadian-made Drugs for Rwanda: The First Application of the WTO Waiver on Patents and Medicines

On July 17, 2007, Rwanda notified the World Trade Organization's (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) that it plans to import the HIV-drug TriAvir from the Canadian company Apotex and will not enforce any patents granted in that respect in Rwanda.[1] Two months later, Canada issued a compulsory license allowing Apotex to use nine patented inventions for manufacturing and exporting TriAvir to Rwanda.

Topic: 
Volume: 
11
Issue: 
28
Author: 
Holger P. Hestermeyer
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