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Friday, February 27, 2004
More Alien Tort Claims Act in the news: Listen to Ecuador v. Texaco. and a recent human rights case Sosa v Alvarez-Machain.
The Bush administration recently stated opposition to the Alien Tort Claims Act. The Act is quite old, and we have seen it mentioned in cases we have used in class. For a survey of background information and the controversy see links below. The Act has become especially important in human rights cases which have often had no other forum. While the jurisdiction has been used sparingly, U.S. corporations - and perhaps U.S. individuals, like Mr. Bush, who have been charged with human rights violations - are worried about exposure to liabilty. Does the variety of possible uses for the statute make it difficult to separate the worthy cases from the nefarious? What should the future hold?
For more discussion, see a selection of cases under the ACTA, Human Rights Watch background information on the ATCA, HRW case studies, a case for repeal, a scholarly look at the use of the ACTA to prosecute Mugabe, a Red Cross discussion of time limits in the ACTA and a CNN opinion on the recent case sparking Bush administration opposition. See also Uncertain Justice: Liability of Multinationals Under the Alien Tort Claims Act by Courtney Shaw.
For more discussion, see a selection of cases under the ACTA, Human Rights Watch background information on the ATCA, HRW case studies, a case for repeal, a scholarly look at the use of the ACTA to prosecute Mugabe, a Red Cross discussion of time limits in the ACTA and a CNN opinion on the recent case sparking Bush administration opposition. See also Uncertain Justice: Liability of Multinationals Under the Alien Tort Claims Act by Courtney Shaw.
Thursday, February 26, 2004
The ICJ has been offering live webcasts of the arguments in the advisory opinion case regarding the Israeli wall. See ICJ Webcast archives.
UN report on Haiti:
"SECURITY COUNCIL TO HOLD FORMAL MEETING ON HAITI THIS AFTERNOON
The Security Council today will hold a formal meeting on Haiti at 3:00 p.m., which was requested yesterday by Jamaica, acting on behalf of the Caribbean Community. The Secretary-General will attend that meeting.
This morning, Council members held consultations on Haiti in which they considered a draft Presidential Statement, which was submitted by the United States.
Council members also have before them a letter from the French mission, transmitting a declaration by French Foreign Minister Dominique de Villepin that calls for the immediate establishment of an international civilian peacekeeping force and international assistance for preparing presidential elections in Haiti.
On Wednesday, the Security Council President, Ambassador Wang Guangya of China, said in a press statement that Council members deplored the decision by Haiti’s opposition to reject the plan of action presented by the Caribbean Community and the Organization of American States.
They call on Haiti’s Government and opposition to accept and implement the provisions of that plan, and also call on both sides to respect human rights and cease the use of violence to advance political goals."
"SECURITY COUNCIL TO HOLD FORMAL MEETING ON HAITI THIS AFTERNOON
The Security Council today will hold a formal meeting on Haiti at 3:00 p.m., which was requested yesterday by Jamaica, acting on behalf of the Caribbean Community. The Secretary-General will attend that meeting.
This morning, Council members held consultations on Haiti in which they considered a draft Presidential Statement, which was submitted by the United States.
Council members also have before them a letter from the French mission, transmitting a declaration by French Foreign Minister Dominique de Villepin that calls for the immediate establishment of an international civilian peacekeeping force and international assistance for preparing presidential elections in Haiti.
On Wednesday, the Security Council President, Ambassador Wang Guangya of China, said in a press statement that Council members deplored the decision by Haiti’s opposition to reject the plan of action presented by the Caribbean Community and the Organization of American States.
They call on Haiti’s Government and opposition to accept and implement the provisions of that plan, and also call on both sides to respect human rights and cease the use of violence to advance political goals."
The FCNL reports: "HISTORIC ADVANCE ON LAW OF THE SEA: On February 25, the Senate Foreign Relations Committee approved the UN Law of the Sea Convention by an unanimous vote of 15-0. The full Senate may debate the treaty in the coming weeks, and a floor vote on ratification of the treaty could be scheduled sometime in March or April. A two-thirds vote is required for ratification."
Monday, February 02, 2004
Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human RightsConsider this as you contemplate the role of the UDHR and prepare for the coming Morehouse lecture on corporate personality and glabalization.
