Topic 1

On January 16, 2003, the WTO Appellate Body (AB) ruled that the U.S. Continued Dumping and Offset Act of 2000 (CDSOA) (also referred to as the "Byrd Amendment") is inconsistent with the WTO Agreement on Implementation of Article VI of the GATT (the "Anti-Dumping (AD) Agreement") and the Agreement on Subsidies and Countervailing Measures  (the "SCM Agreement"). [1]

Introduction

 

            The perceived threat from weapons of mass destruction (WMD) has become one of the most important issues on foreign policy and national security agendas. The WMD threat has, for example, profoundly influenced the Bush administration's national security and homeland security strategies. [1] For the United States and like-minded allies, Iraq's alleged possession of WMD has become a casus belli. The rise to prominence of the WMD threat raises questions about the role of international law concerning WMD in this new environment.

           On January 10, 2003, North Korea announced (a) that it was withdrawing from the Nuclear Nonproliferation Treaty (NPT), effective immediately, and (b) that its withdrawal from the NPT left it free from the binding force of its Safeguards Agreement with the International Atomic Energy Agency (IAEA).

 

On December 15, 2004, the International Court of Justice (ICJ) dismissed separate complaints originally filed on April 29, 1999 by Serbia and Montenegro against eight NATO member states (Belgium, Canada, France, Germany, Italy, The Netherlands, Portugal and the United Kingdom), asking the ICJ to hold each of the respondent states responsible for international law violations stemming from the NATO bombing campaign against Yugoslavia in March-April 1999.  According to the Court's unanimous Judgments, Serbia and Montenegro lacks standing to sue before the ICJ. [1]

The U.N. Secretary-General's High-Level Panel on Threats, Challenges and Change has issued a lengthy report setting out a broad framework for collective security. [1]   It touches on several issues of international law and organization, including some important ones that are the focus of this Insight.  

 

On November 10, a dispute-settlement panel of the World Trade Organization (WTO) condemned the United States for banning online gambling. [1]   It did so at the request of one of the smallest countries in the world, Antigua and Barbuda.  The case was triggered when in 2000 a U.S. court sentenced Jay Cohen, a U.S. national and founder of the World Sports Exchange, to 21 months in jail for selling gambling services to U.S. citizens from the island of Antigua, in violation of the 1961 Wire Communications Act. 

 

On 1 November 2004, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia issued its decision on whether Slobodan Milosevic has a right to continue to act as his own lawyer in his war crimes trial at The Hague. [1]   The decision has important implications for the trial of Saddam Hussein before the Iraqi Special Tribunal and future trials involving former leaders accused of international crimes.

 

The Initial Decision to Permit Milosevic to Act as His Own Lawyer