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Harvard International Law Journal Digest Harvard International Law Journal Digest

The ILJ Digest, updated periodically throughout the day, provides current information on legal topics from around the world.

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Last Entry: March 27, 2010 at 12:25:11

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ECtHR Holds Bosnian Constitutional Provisions Violate European Convention on Human Rights

Posted on January 11, 2010
On December 22, 2009, the European Court of Human Rights issued its ruling in Sejdic and Finki v. Bosnia and Herzegovina. In its opinion, the court held that the Bosnian Constitution, which requires that the House of Peoples of the Parliamentary Assembly and the Presidency be solely composed of persons belonging to the three constituent [...


Role Reversal: Microsoft sued in China on IP claim

Posted on December 05, 2009
On Monday, November 16th, Beijing?s No.1 Intermediate People?s Court ordered Microsoft to pull some versions of Windows off of the Chinese market for violation of Intellectual Property rights. According to the court, Microsoft exceeded the scope of its licensing agreement with Chinese software company Zhongyi by using certain Chinese character fonts in Window?s 98, 2000, [...


ICC Chair Cautions on Economic Recovery

Posted on November 27, 2009
The Chairman of the International Chamber of Commerce, Victor K. Fung, last week expressed concern about rising world protectionism and lackluster progress on free trade negotiations.  The combination, he argued, would imperil the world’s fragile economic recovery and undermine progress already made towards emerging from the current downturn...


ICC Chair Cautions on Economic Recovery

Posted on November 26, 2009
The Chairman of the International Chamber of Commerce, Victor K. Fung, last week expressed concern about rising world protectionism and lackluster progress on free trade negotiations.  The combination, he argued, would imperil the world’s fragile economic recovery and undermine progress already made towards emerging from the current downturn...


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APEC Leaders discuss economic growth during financial crisis

Posted on November 22, 2009
Last weekend, the Leaders of the Asia-Pacific Economic Cooperation (APEC) met to discuss economic growth in the Asia-Pacific region in light of the worldwide financial crisis. The conversation focused on developing balanced, inclusive, and sustainable growth...


North and South Korean Vessels Clash in Disputed Waters

Posted on November 16, 2009
On Tuesday, November 10, the navies of North and South Korea exchanged fire in disputed waters off the western coast of the peninsula, damaging ships from both sides and reportedly killing a North Korean sailor. The incident began when a 215-ton North Korean vessel entered South Korean-controlled waters...


North and South Korean Vessels Clash in Disputed Waters

Posted on November 16, 2009
On Tuesday, November 10, the navies of North and South Korea exchanged fire in disputed waters off the western coast of the peninsula, damaging ships from both sides and reportedly killing a North Korean sailor. The incident began when a 215-ton North Korean vessel entered South Korean-controlled waters...


ICTR Sentences Tea Executive for Role in 1994 Genocide

Posted on November 16, 2009
On November 5th, a three-judge panel at the International Criminal Tribunal for Rwanda (ICTR) sentenced Michel Bagaragaza, the former head executive of the Rwandan tea industry, to eight years in prison for his role in the 1994 Rwandan genocide. The ICTR, which presides in Tanzania, found Bagaragaza guilty on one count of complicity for his role in having substantially [...


ICTR Sentences Tea Executive for Role in 1994 Genocide

Posted on November 15, 2009
On November 5th, a three-judge panel at the International Criminal Tribunal for Rwanda (ICTR) sentenced Michel Bagaragaza, the former head executive of the Rwandan tea industry, to eight years in prison for his role in the 1994 Rwandan genocide. The ICTR, which presides in Tanzania, found Bagaragaza guilty on one count of complicity for his role in having substantially [...


Columbia & Venezuela: Commerce Cures

Posted on November 15, 2009
The lesson of the last century is clear: Free movement of goods, capital, labor, and services builds peace through prosperity and interdependence. In the wake of the Second World War, a whole host of institutions were established to prevent another global economic crash risking another global war: The UN, GATT/WTO, EU, the IMF, and the [...


ECtHR Finds Pre-Trial Detention Justified in International Drug-Trafficking Case

Posted on November 15, 2009
In Shabani v. Switzerland (application no. 29044/06), a 4-3 decision, the European Court of Human Rights (ECtHR) ruled last Thursday (11/5) that a lengthy pre-trial detention did not violate the right to liberty of a suspected leader of a drug trafficking organization...


Kimberley Process meets to combat conflict-diamond trade

Posted on November 14, 2009
The Kimberley Process (KP) held a Plenary meeting in Swakopmund, Namibia last week, where it adopted a work plan for the Marange diamond mining fields in Zimbabwe, agreed to monitor ?conflict diamonds? from the Côte d?Ivoire following UNSC Resolution 1893 (2009), and made decisions on the general enforcement mechanism of the KP rules...


ICTY Appeals Chamber Reduces Dragomir Milosevic?s Sentence to 29 Years

Posted on November 13, 2009
The Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) reduced the sentence for former Bosnian Serb army general Dragomir Milosevic from 33 to 29 years on Thursday. The tribunal found that the trial court had erred in its 1997 ruling and that there was insufficient evidence that Milosevic had ordered [...


WTO Chief Urges International Climate Change Consensus and Action

Posted on November 12, 2009
World Trade Organization Director-General Pascal Lamy last Monday called on the international community to reach a robust climate change agreement during Copenhagen Climate Conference next month.  Director-General Lamy carefully expressed preference for an international accord coming out of Copenhagen, one which the WTO would seek to help implement...


ICC: Darfur rebel chief?s hearing on confirmation of charges ends

Posted on November 08, 2009
The hearing on the confirmation of charges against suspected Darfur war criminal Bahr Idriss Abu Garda at the International Criminal Court (ICC) ended on October 30th.Abu Garda, 46, is a leader of the United Resistance Front (URF), a rebel group fighting against the Sudanese government...


Obama publishes ?torture? memos, immunizes CIA staff

Posted on April 27, 2009
The Obama Justice Department has released four memos detailing the harsh techniques used on some detainees during the Bush administration.  The memos - three written in 2005 and another in 2002 - give legal support for various coercive techniques and conclude that the CIA’s methods were not “cruel, inhuman or degrading” under international law...


Americas? Leaders Vow to Fight Cartels

Posted on April 20, 2009
President Obama recently met as many as 34 leaders of democratically elected nations of the Western Hemisphere to consider and discuss an array of issues that directly affect them.  These issues include the current economic crisis, energy issues, climate change, and personal security...


Spanish AG: No Torture Investigation of US Officials

Posted on April 20, 2009
Spanish Attorney General Candido Conde-Pumpido has declined to open an investigation in Spain’s National Court into whether six top Bush Administration officials sanctioned torture at Guantanamo Bay. While Spain’s courts do have jurisdiction in the case of war crimes and torture under the doctrine of “universal justice...


French Parliament Rejects Internet Piracy Bill

Posted on April 16, 2009
On Thursday April 9, the French National Assembly rejected an Internet piracy bill that punished repeat illegal downloaders. The bill won preliminary parliamentary approval but was eventually defeated by a vote of 21-15. Under the bill, a first time offense of downloading illegal material would be punished by a warning and a second time offense [...


U.N. Tribunal to Receive Hariri Murder Files

Posted on April 15, 2009
On Wednesdsay, current Lebanese Prime Minister Fuad Siniora’s government agreed to hand over relevant case files to the U.N.’s Special Tribunal for Lebanon.  The tribunal convened last month to investigate the 2005 murder of former prime minister Rafik Hariri...


Iran Announces Increased Nuclear Capabilities

Posted on April 14, 2009
On Thursday, Iranian President Mahmoud Ahmadinejad announced advances in Iran?s nuclear power productions capabilities including two new types of centrifuges and a nuclear fuel production plant. Ahmadinejad stated that Iranian nuclear authorities ?have announced that the various cycles of nuclear fuel management are in our grasp in a comprehensive and domestically produced way...


Russian Authorities Order Foreign Company to Pay Damages

Posted on April 13, 2009
A court in Russia ruled in February against Telenor, a Norwegian telecom company, in favor of a Russian mobile-phone company, Vimpelcom. The court held that Telenor had caused Vimpelcom a loss of $1.7 billion when it delayed the company?s move into the Ukranian market...


Apartheid Claims to Proceed

Posted on April 12, 2009
On Wednesday a Manhattan federal district court ruled that several claims brought under the Alien Tort Statute against multinational companies for aiding and abetting the South African apartheid regime may go forward. The claims allege that the defendants, a group that includes dozens of companies such as General Motors, Ford, and IBM, conducted business [...


Peru: Fujimori Convicted

Posted on April 12, 2009
Last Tuesday, the Former Peruvian president Alberto Fujimori was convicted of “crimes against humanity” for his role in the 1990s killings and kidnappings by security forces when his government fought against leftist guerrillas. He was sentenced to 25 years in prison...


International Community Condemns North Korea Missile Launch

Posted on April 09, 2009
The international community roundly condemned North Korea following the test launch of a missile capable of striking targets throughout East Asia as well as in Alaska and the Hawaiian Islands.  President Obama and other international leaders issued strong rebukes following news of the launch...


President Obama Courts Turkey

Posted on April 09, 2009
After spending time in London, Strasbourg, Baden-Baden, and Prague for G20, NATO, and bilateral US-EU summits, President Obama extended his recent European tour by traveling to Ankara and Istanbul, his first venture into the predominantly Muslim world as US president...


Obama Calls for Talks on Nuclear Security

Posted on April 07, 2009
U.S. President Barack Obama committed to taking substantive steps toward nuclear nonproliferation during a recent 8-day diplomatic trip to Europe.  The president said he and Russian President Dmitry Medvedev had taken the first steps towards reducing nuclear weapons stockpiles during the G20 Financial Summit in London early this April and would negotiate a new Strategic [...


Conference Tracks Progress of European Landscape Convention

Posted on April 06, 2009
Last Wednesday, treaty participants, NGO representatives and landscape experts attended a conference on the European Landscape Convention in Strasbourg. The Convention, which came into force on March 1, 2004, is the first international treaty focused on promoting protection, management, and planning in all aspects of the European landscape...


Spanish Prosecutors Try to Shelve Israel Case

Posted on April 06, 2009
In January, a Spanish judge agreed to pursue a complaint against military officials in Israel, including former defense minister Benjamin Ben-Eliezer. The complaint arose from a 2002 air attack on Gaza City that killed 15 Palestinians, mainly children, and wounded 150...


Peru?s Fujimori Claims Innocence

Posted on April 05, 2009
On Wednesday, former Peruvian President Alberto Fujimori defended his innocence with regards to human rights abuse claims in a Rio De Janeiro court.  Taking the stand in his own defense, Fujimori vehemently denied responsibility for the murders of 25 people and the kidnappings of 2 others...


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