International Judicial Monitor
Published by the International Judicial Academy, Washington, D.C., with assistance from the
American Society of International Law

Fall 2010 Issue
Judge Theodor Meron Justice in Profile
Judge Theodor Meron
By: Taylor G. Stout, Reporter, International Judicial Monitor

Judge Theodor Meron currently serves in the Appeals Chamber of the International Tribunal for the former Yugoslavia (ICTY) and the International Tribunal for Rwanda (ICTR).
Read more »
   
The International Criminal Court
International Tribunal Spotlight
The International Criminal Court

By: Taylor G. Stout, Reporter, International Judicial Monitor

The International Criminal Court represents the culmination of the efforts of many nations, international legal scholars, and international institutions lasting nearly a century.
Read more »
   
Significant Judicial Developments

Australian Court Permits Damages Claim for Torture by former Guantánamo Bay Detainee to Proceed

NAFTA Chapter 19 Panel Follows WTO Appellate Body in Striking Down Zeroing)

Kiobel v. Royal Dutch Petroleum: Another Round in the Fight Over Corporate Liability Under the Alien Tort Statute

The United States before the UN Human Rights Council

(More Judicial Developments »)

 
International Resources
Rule of Law Resource Center

West African Judicial Colloquia

Our Courts

European Case Law Database

Maximizing the Legacy of Hybrid Courts

2008 IAJ Study Commissions

(More International Resources »)

 
Calendar of Events

November 08 2010
Law, Justice and Development Week 2010 International Financial Institutions in a Post-Crisis World - Legal Challenges and Opportunities  »

November 10 2010
"Whither the ATS? What is the Future of the Alien Tort Statute after the Second Circuit's Ruling in Kiobel v. Royal Dutch Petroleum?"  »

November 12 2010
ASIL Mid-Year Meeting »

November 12 2010
Symposium on "Reexamining Customary International Law" »

(More Events »)

 
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NEWS AND PROGRAMMATIC HIGHLIGHTS
IJA Docket

Upcoming International Judicial Academy Events

  • November 14 – 20, 2010: The IJA will assist in the conduct of a seminar on commercial law for Russian Judges and government officials in Washington, DC and Wilmington, Deleware, conducted in conjunction with the Russian-United States Foundation.

(Read More »)

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Cases of Note

Report of the United States of America Submitted to the UN High Commissioner for Human Rights in Conjunction with the Universal Periodic Review (August 2010) »

Cassirer v. Spain and Thyssen-Bornemisza Collection (August 12, 2010) »

Al-Qurashi v. Obama (August 3, 2010) »

United States v. Khadr, Suppression Motion Ruling (August 17, 2010) »

(More Cases »)
Cases of note
OPINIONS AND COMMENTARY
Editorial

United States Jurisprudence, Judicial Interpretation and “The Law of Nations”
By: James G. Apple, Editor-in-Chief, International Judicial Monitor and President, International Judicial Academy

In Article I, Section 8 of the Constitution of the United States, there appears a little known, rarely noticed phrase: “the law of nations.” Several years ago I was in the company of a professor of U.S. history and American studies from a relatively prominent U.S. university. (Read More »)

  Dr. James G. Apple
 
Judicial Reform Report

The 2010 Reforms to Turkey's Constitutional Court: A Rule of Law Review
By: Carolyn A. Dubay, Associate Editor, International Judicial Monitor

As part of the global rule of law movement, judicial reform has become a central component of overall democratic reform efforts in many countries.  Judicial reform initiatives, however, often require constitutional changes that may be politically impossible to achieve. (Read More »)


  Carolyn Dubay
General Principles of International Law

Complementarity
By: Taylor G. Stout, Reporter, International Judicial Monitor

The establishment of international criminal tribunals creates the problem of coordinating their action with that of national courts.  This problem is manifest when both international and national courts are empowered to prosecute the same crimes.   (Read More »)

  Taylor G. Stout
 
Leading Figures in International Law

Samuel von Pufendorf (1632-1694)
By: Taylor G. Stout, Reporter, International Judicial Monitor

Samuel von Pufendorf was a seventeenth century German jurist, historian, philosopher, and statesman renowned for his influential writings on international and natural law.
(Read More »)

 
  Samuel von Pufendorf
 
In Review: New Publications on
International and Comparative Law

International Judicial Institutions: The Architecture of International Justice at Home and Abroad
By Richard J. Goldstone and Adam M. Smith.
Routledge 2009.

Reviewed by: Taylor G. Stout, Reporter, International Judicial Monitor

Is there a “system” of international justice?  Or does the increasing variety of methods for its enforcement indicate that there are merely discrete instances of international justice?
(Read More »)

  International Judicial Institutions: The Architecture of International Justice at Home and Abroad
     
Historic Moments in International Law

International Law During the Age of Discovery
By: Edward J. Kolla, Visiting Assistant Professor, History, Georgetown University, School of Foreign Service in Qatar

Adam Smith once opined that “the discovery of America, and . . . of a passage to the East Indies by the Cape of Good Hope, are the greatest and most important events recorded in the history of mankind.” (Read More »)

  Edward J. Kolla, Ph.D.
 
Private International Law Discourse

A Look at the Hague Convention on Choice of Court Agreements
By: Carolyn A. Dubay, Associate Editor, International Judicial Monitor

In 2009, the United States ended more than a decade of negotiations and became a signatory to its first international convention mandating the recognition and enforcement of foreign judgments issued by courts resolving certain international business disputes.  The Convention on Choice of Court Agreements (COCCA) was drafted under the auspices of the Hague Conference on Private International Law, and was opened for signature on June 30, 2005. (Read More »)

  Carolyn A. Dubay
ASIl & International Judicial AcademyInternational Judicial Monitor
© 2010 – The International Judicial Academy
with assistance from the American Society of International Law.

Editor: James G. Apple.
IJM welcomes comments, suggestions, and submissions.
Please contact the IJM editor at ijaworld@verizon.net.