Topic 1

International Agreements and U.S. Law

There is confusion in the media and elsewhere about United States law as it relates to international agreements, including treaties. The confusion exists with respect to such matters as whether "treaty" has the same meaning in international law and in the domestic law of the United States, how treaties are ratified, how the power to enter into international agreements is allocated among the Executive Branch, the Senate and the whole Congress, whether Congress may override an existing treaty, and the extent to which international agreements are enforceable in United States courts.
Topic: 
Topic 1
Volume: 
1
Issue: 
5
Author: 
Frederic L. Kirgis
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Related Terms / Attribute Tags: 
Foreign Policy and International Law

WTO Law and the Right to Regulate: China – Rare Earths

On March 26, 2014, a World Trade Organization (WTO) panel issued its report on a dispute between the European Union, Japan and the United States as complainants and China as respondent over access to so-called “rare earths,” as well as tungsten and molybdenum.[1] The Panel found that China violated its obligations under the General Agreement on Tariffs and Trade 1994 (GATT)[2] and the Accession Protocol[3] by

Topic: 
Topic 1
Volume: 
18
Issue: 
10
Author: 
Markus Wagner
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Related Terms / Attribute Tags: 
Energy and Natural Resources
Environment
Trade and Investment

Australia v. Japan: ICJ Halts Antarctic Whaling

On March 31, 2014, the International Court of Justice declared that Japan must halt its current whaling program in the Southern Ocean.[1] The decision will not affect Japan’s whale hunt in the northern Pacific and it does not foreclose Japan from all whaling in the future, as long as it is conducted within the requirements of the International Convention for the Regulation of Whaling (ICRW).[2] Nor does this decision affect the other two nations that currently conduct wh

Topic: 
Topic 1
Volume: 
18
Issue: 
9
Author: 
Cymie R. Payne
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Related Terms / Attribute Tags: 
Asia
Environment
International Courts and Tribunals
Pacific Rim and Oceania
Signature Topics - BNJ - Oceans
Signature Topics - Climate Change

Animal Welfare, Public Morals and Trade: the WTO Panel Report in EC – Seal Products

On November 25, 2013, a panel established under the dispute settlement system of the World Trade Organization (WTO) issued its report in the EC – Seal Products dispute.[1] The decision arose from complaints by Canada and Norway against a legislative scheme adopted by the European Union (EU) in 2009 to prohibit the importation and marketing of seal products (the EU Seal Regime).[2] On January 24, 2014, Canada and Norway filed to appeal the panel's decision; the 

Topic: 
Topic 1
Volume: 
18
Issue: 
2
Author: 
Rob Howse, Joanna Langille and Katie Sykes
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Related Terms / Attribute Tags: 
International Business Transactions
International Courts and Tribunals
International Organizations