Category Archives: International Law

Last Week at the Military Commissions: A New Judge and Testimony on Unlawful Influence

Last week, the military commission in United States v. Khalid Sheikh Mohammed et al. reconvened for pretrial proceedings, meeting in open session on Sept. 10, 11, and 12. The commission covered Col. Keith Parrella’s replacement of Col. James Pohl as the presiding military judge, began discovery motions, and interviewed witness Lieutenant Doug Newman. Parrella’s Transition into the Role Parrella recapped a Rule for Military Commissions (RMC) 802 conference that he held with counsel in advance of his appearance in court, in which he said that each side could conduct a voir dire and see his fitness report from his time as a Marine Corps Fellow at the Department of Justice (DOJ), but that his ruling should not be interpreted “as the commission’s position as to the appropriateness” of the parties seeking discovery. He also noted that various practices would continue from Pohl’s tenure as military judge: requiring each defendant to be at the….. To continue reading this legal news please click Read full information...

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Steinbrueck-Platise & Peters: Transformation of the OSCE Legal Status

Mateja Steinbrueck-Platise (Max Planck Institute for Comparative Public Law and International Law) & Anne Peters (Max Planck Institute for Comparative Public Law and International Law) have posted Transformation of the OSCE Legal Status (in The Legal Framework of the OSCE, Mateja Steinbrück Platise, Carolyn Moser, & Anne Peters eds., forthcoming). Here's the abstract:The concluding paper of the volume on the legal framework of the OSCE brings together some of the main empirical and theoretical insights of the research project which has been conducted by lawyers and political scientists, scholars and practitioners, politicians and international civil servants. The variety of contributions results in a diversified yet nuanced analysis of the legal status of the OSCE, a prime example of an informal international organisation. The paper examines their contrasting results as well as their common features and structures along three themes. First, the paper contrasts….. To continue reading this legal news please click Read full information...

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U.S. Court of Appeals for the Ninth Circuit, Cobbler Nevada, LLC v. Gonzales, Docket No. 17-35041

Attorney’s fees: Copyright: Prevailing party: Dismissal with prejudice: Voluntary dismissal: The Copyright Act states that the district court “may . . . award a reasonable attorney’s fee to the prevailing party as part of the costs . . . .” 17 U.S.C. § 505. Gonzales is the “prevailing party” because Cobbler Nevada’s contributory infringement claim was dismissed with prejudice. See Cadkin v. Loose, 569 F.3d 1142, 1150 (9th Cir. 2009) (“A defendant is a prevailing party following dismissal of a claim if the plaintiff is judicially precluded from refiling the claim against the defendant in federal court.”).In awarding fees to Gonzales, the district court acted within its discretion. See Entm’t Research 10 Grp. v. Genesis Creative Grp., 122 F.3d 1211, 1216–17, 1228–29 (9th Cir. 1997).(…) See Kirtsaeng, 136 S. Ct. at 1988–89 (a district court “may order fee-shifting . . . to deter . . .….. To continue reading this legal news please click Read full information...

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Contesse: Resisting the Inter-American Human Rights System

Jorge Contesse (Rutgers Univ. – Law) has posted Resisting the Inter-American Human Rights System (Yale Journal of International Law, forthcoming). Here's the abstract: Questions of scope of authority and enforcement are ripe at what is an increasingly critical time for international human rights law. Since 1988, the Inter-American Court of Human Rights has seen its case law and its influence expand. The Court’s opinions, along with the reports of the Inter-American Commission on Human Rights, have become widely seen by domestic courts as authoritative, thereby realizing many of the promises of international norms and holding Latin American states accountable for their unwillingness or inability to fulfill their international obligations. Along with the significant institutionalization of human rights law in other regions, as well as at the global level, human rights law in the Americas has become part of the legal and political landscape of states and the individual,….. To continue reading this legal news please click Read full information...

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Haddad: The Hidden Hands of Justice: NGOs, Human Rights, and International Courts

Heidi Nichols Haddad (Pomona College – Politics) has published The Hidden Hands of Justice: NGOs, Human Rights, and International Courts (Cambridge Univ. Press 2018). Here's the abstract: The Hidden Hands of Justice: NGOs, Human Rights, and International Courts is the first comprehensive analysis of non-governmental organization (NGO) participation at international criminal and human rights courts. Drawing on original data, Heidi Nichols Haddad maps and explains the differences in NGO participatory roles, frequency, and impact at three judicial institutions: the European Court of Human Rights, the Inter-American Human Rights System, and the International Criminal Court. The Hidden Hands of Justice demonstrates that courts can strategically choose to enhance their functionality by allowing NGOs to provide needed information, expertise, and services as well as shame states for non-cooperation. Through participation, NGOs can profoundly shape the character of international….. To continue reading this legal news please click Read full information...

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