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U.S. Supreme Court, Greenhouse Gas Regulation and Foreign Policy Considerations

In time for Earth Day, the U.S. Supreme Court announced its decision in the well-publicized case, Massachusetts v.

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Volume: 
11
Issue: 
13
Author: 
Cymie R. Payne
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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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U.S. Supreme Court Decides Forum Non Conveniens Case

On March 5, 2007, the U.S. Supreme Court announced its opinion in Sinochem International Co. Ltd. v. Malaysia International Shipping Corporation,[1] one of only a few Supreme Court decisions to deal squarely with the doctrine of forum non conveniens. The Court held that federal district courts need not establish jurisdiction prior to dismissing transnational litigation on the basis of forum non conveniens.

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Volume: 
11
Issue: 
10
Author: 
Christopher A. Whytock
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World Court finds Serbia Responsible for Breaches of Genocide Convention, but Not Liable for Committing Genocide

On February 26, 2007, the International Court of Justice issued its judgment in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro).[1] The case marked the first time that a country sued another country for breaches of the Convention on the Prevention and Punishment of the Crime of Genocide ("the Convention").

Topic: 
Volume: 
11
Issue: 
9
Author: 
J. Morgan-Foster & Pierre-Olivier Savoie
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D.C. Circuit Upholds Constitutionality of Military Commissions Act Withdrawal of Federal Habeas Jurisdiction for Guantanamo Detainees

On February 20, 2007, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an important decision in long-running litigation brought by detainees held by the United States at the Guantanamo Bay, Cuba military facility.[1] Disposing of a score of consolidated appeals involving 63 foreign nationals, the two-judge majority in Boumediene v.

Topic: 
Volume: 
11
Issue: 
8
Author: 
Andrew Kent
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The Situation in Darfur: Prosecutor's Application under Article 58(7) of the Rome Statute

On February 27, 2007, the Office of the Prosecutor (Prosecutor) at the International Criminal Court (ICC) applied to the Pre-Trial Chamber I (Chamber) for summonses to appear against Ahmad Muhammad Harun, Sudan's former Minister of State for the Interior, and Ali Kushayb, a Janjaweed leader in West Darfur.[1] The Application contend

Topic: 
Volume: 
11
Issue: 
7
Author: 
Kevin Jon Heller
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ICC Confirms Charges against DRC Militia Leader

On January 29, 2007, the International Criminal Court (ICC) Pretrial Chamber I (Chamber) issued its confirmation of charges decision in the case of Prosecutor v.

Topic: 
Volume: 
11
Issue: 
6
Author: 
Jason Morgan-Foster
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Six-Party Talks Produce Action Plan on North Korean Nuclear Disarmament

On February 13, 2007, the governments taking part in the fifth round of the Six-Party Talks concerning nuclear disarmament of North Korea released an action plan designed to lead to the denuclearization of the Korean Peninsula (February 13 Action Plan).[1] China, Japan, Russia, South Korea, the United States, and North Korea (formally called the Democratic People's Republic of Korea, or DPRK) agreed to specific initial actions and timetables that support the obje

Topic: 
Volume: 
11
Issue: 
5
Author: 
Christopher J. Le Mon
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Indonesia's Decision to Withhold Influenza Virus Samples from the World Health Organization: Implications for International Law

In February 2007, international media reported that Indonesia had decided not to continue to share with the World Health Organization (WHO) samples of avian influenza A (H5N1) strains appearing in Indonesia. Instead, Indonesia decided to pursue a commercial arrangement with a pharmaceutical company, which would use the samples to develop an avian influenza vaccine for Indonesia.

Topic: 
Volume: 
11
Issue: 
4
Author: 
David P. Fidler
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