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REPORTS ARCHIVE FOR THE YEAR 2006
The following is a complete collection of InternationalLawHelp.com Reports for the year 2006.
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2006 Reports |
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ICJ Concludes Public Hearings on Provisional Measures in the Pulp Mills on River Uruguay River Case (Argentina v. Uruguay)
On December 19 the ICJ concluded its public hearings on the renewed application for provisional measures in the Pulp Mills case. Its decision is expected in early 2007. In the Pulp Mills case Argentina claims that Uruguay in October 2003 unilaterally authorized the construction of a pulp mill plant on the Uruguay River in violation of a prior notification and consultation requirement as set forth in in the 1975 Statute of the River Uruguay. Click here for a press release on the conclusion of public hearings on the ICJ website.
Panama to Take Security Council Seat in 2007-2008
Resolving the dispute over the Latin American/Caribbean Security Council Seat for 2007-2008, the General Assembly elected Panama as an alternative to Venezuela and Guatemala. Panama will take its seat on January 1, 2007.
Uncertainty Over Latin American/Caribbean Security Council Seat for 2007-2008
There is uncertainty over whether Venezuela, Guatemala or another contender from the Latin American/Caribbean region should take the seat reserved for that region in the Security Council commencing January 2007. The US staunchly opposes Venezuela which is presently ruled by leftist leader Hugo Chavez. As of the end of October neither Venezuela or Guatemala has been able to muster the two-thirds vote in the General Assembly necessary to win the seat.
UN General Assembly Opens Its Debate
The UN General Assembly opened debate in its 61st session with addresses from heads of state. Addresses were delivered September 19-27. Click here for a link to more information and text of speeches on the UN website.
UN Adopts New Disability Treaty
The UN has adopted a new treaty that prevents discrimination against people with various forms of disabilities. The treaty was negotiated over five years and was largely adopted by consensus. It is expected to benefit as many as 650 million people. It will be sent to the General Assembly for a formal vote in September and then be opened for signature and ratification. Click here for a report on the treaty on the RTE News website.
ICJ Decides Against Provisional Measures in "Pulp Mills" Case
On July 13, the ICJ decided against issuing provisional measures in the "Pulp Mills" Case (Argentina v. Uruguay). The Court observed that circumstances presented in this case, specifically the decision by Uruguay to authorize the construction of the pulp mill, did not present an immediate danger to the environment of the Uruguay River that would justify an order of provisional measures.
African Court on Human and Peoples' Rights Swears in Judges
On July 2, the African Court on Human and Peoples' Rights swore in its first 11 judges at an African Union summit meeting in Gambia. The new court is an instrumentality of the African Union; a 1998 Protocol called for the creation of the Court. Click here for a link to the African Union website.
US Supreme Court Decides Hamdan v. Rumsfeld: Military Tribunals Are Not Lawful as Presently Constituted
On June 29th the US Supreme Court decided the case of Hamdan v. Rumsfeld and dealt a clear blow to the Bush administration's strategy in the war on terrorism. The 5-3 opinion (Chief Justice Roberts did not participate in the case because of his earlier involvement with the case at the Court of Appeals level) authored by Justice Stevens held that the Executive's powers had been exceeded in the types of tribunals contemplated for Guantanamo prisoners. The Court held that the administration either had to seek the consent and guidance of Congress in the establishment of military tribunals used to try suspected terrorists or else apply the same standards called for in the Geneva Conventions (such as might be realized in a standard military court marshal). Click here for a link to Hamdan v. Rumsfeld on the Supreme Court website.
Argentina Files ICJ Case Against Uruguay Over Construction of "Pulp Mills" on Uruguay River
On May 4th Argentina filed a case in the ICJ against Uruguay claiming Uruguay breached the 1975 Statute of the River Uruguay signed between them. The objective of the Statute is "to establish the joint machinery necessary for the optimum and rational utilization of the River Uruguay." Argentina claims that Uruguay's building of a pulp mill in 2003 failed to comply with the obligatory prior notification and consultation procedure agreed between them. Click here for a link to press releases and other documents pertaining to the Pulp Mills Case on the ICJ website.
Developing States Block UN Reform Plan
On April 28th a vote in the UN General Assembly's budgeting committee rejected major portions of Secretary General Kofi Annan's plan to overhaul the organization. The opponents of Annan's plan were developing states which felt that aspects of Annan's plan would have transferred authority on certain matters from the General Assembly, where developing states have more say, to the Security Council and the Secretariat's office, where they perceive developed states as having more control.
The US Supreme Court Hears Oral Argument in Hamdan v. Rumsfeld and Sanchez-Llamas v. Oregon
On March 28th and 29th, the US Supreme Court heard oral argument in two cases that potentially have far reaching impacts on international law in the United States. On March 28th the Court heard argument in Hamdan v. Rumsfeld. This case raises the extent to which "unlawful combatants" held in Guantanamo Bay as part of the war on terrorism may challenge their status through federal habeas corpus and in particular whether or not they can enforce the provisions of the Geneva Conventions as they apply to their incarceration. On March 29th, the Court also heard argument in Sanchez-Llamas v. Oregon and Bustillo v. Johnson (consolidated). Sanchez-Llamas and Bustillo raise the applicability of the Vienna Convention on Consular Relations in US law and the extent to which US courts may grant a remedy for its breach.
ICJ Begins Genocide Case (Bosnia v. Serbia)
On February 27th, the ICJ began oral arguments in the Genocide Case (Bosnia v. Serbia) that has been on its docket for 13 years. The case alleges a violation of the 1948 Genocide Convention by Serbia against Bosnian Moslems after the breakup of Yugoslavia.
11th Circuit Court of Appeals Upholds Liability for Torture by 2 Salvadoran Generals Under Torture Victims Protection Act
On January 4th, the 11th Circuit Court of Appeals upheld a $4.6 million jury verdict against two (2) Salvadoran generals, Jose Guillermo Garcia and Carlos Eugenio Vides Casanova, for the torture of three (3) Salvadorans which allegedly occurred during the Salvadoran Civil War of the 1980s. The suit was initiated under the Torture Victim Protections Act and is one more example of US law being applied extraterritorially to enforce international standards of conduct. Click here for a link to the opinion on the 11th Circuit Court of Appeal's website.
New UN Security Council Members Take Their Seats
On January 1st, the five (5) new UN Security Council members to take their seats as rotating members were Congo, Ghana, Peru, Qatar and Slovakia.
CITES Issues Advisory on Caviar Exports
Because Caspian states have not sufficiently curtailed the export of caviar from endangered sturgeon on their own, the Convention on the International Trade in Endangered Species (CITES) Secretariat has issued an advisory for those states to suspend the caviar trade. This suspension is pending negotiations amongst the affected states on the proper and safe levels of exploitation. Click here for a press release addressing the Secretariat's actions on the CITES website.