REPORTS ARCHIVE FOR THE YEAR 2007
The following is a complete collection of InternationalLawHelp.com Reports for the year 2007.
|
2007 Reports |
|---|
US Supreme Court Hears Argument in Another Guantanamo Detention Case
On Dec. 5th the US Supreme Court heard oral argument in Boumediene v. Bush. This is an appeal from the DC Circuit denying habeas corpus to Mr. Boumediene and two other men detained at Guanatnamo Bay. They appeal the denial of habeas rights under the Military Commission Act. Congress passed the Military Commission Act following the US Supreme Court's decision in Hamdan v. Rumsfeld which ruled the Executive Branch lacked the authority, without Congressional authorization, to create a legal framework to detain suspected terrorists without benefit of habeas corpus.
Intergovernmental Panel on Climate Change Report Identifies Human Activity as Primary Cause of Climate Change
The Intergovernmental Panel on Climate Change (IPCC) 2007 "Synthesis Report" (Fourth Assessment Report) has clearly identified human activity (aka anthropogenic causes) as the primary causative factor in climate change. This amplifies earlier reports which simply identified human activity as a causative element but not necessarily the primary cause. This report is significant in advance of the next UNFCCC/ Kyoto COP in Bali in December. Click here for a link to the IPCC (AR4) Report.
UNCLOS Approved in Senate Foreign Relations Committee
On October 31, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) cleared the Senate Foreign Relations Committee by a vote of 17-4 without any amendments or conditions. Senator Richard Lugar urged a quick vote by the full Senate. UNCLOS is supported by the Bush administration, the US military and a variety of marine environmental groups.
Vermont Federal Court Rules States May Regulate Greenhouse Gas Emissions
On Wednesday, September 12 the federal district court in Vermont ruled in Green Mountain v. Crombie that states seeking to regulate greenhouse gas emissions may do so. Judge William K. Sessions III ruled that federal legislation on emissions does not preempt states from addressing the issue of emissions under their own law. This case is one of several similar lawsuits to be decided in the wake of the Supreme Court's decision in Massachusetts v. EPA in April 2007. Click here for a link to the opinion in pfd on the US Courts website.
New "Prompt Release" Case in ITLOS Leads to the Release of the Japanese Vessel Hoshinmaru and its Crew
On August 17, the International Tribunal for the Law of the Sea (ITLOS) acknowledged the release by the Russian Federation of the Japanese vessel Hoshinmaru. The release occurred after the posting of a bond of 10 million roubles. This prompt release case was filed in June by Japan after Russia detained the Hoshinmaru and another vessel, the 53rd Tomimaru. A Russian patrol boat arrested them in the Russian Exclusive Economic Zone (EEZ) for alleged violations of Russian fisheries law.
Russia Lays Claim to Arctic Sea-Bed; Claim May Have Been Rendered Possible by Global Climate Change
Russia planted a flag on the sea-bed under the North Pole claiming the Arctic sea-bed as connected to the Russian Continental Shelf and thus part of Russian territory. This action is controversial in that several counties have competing claims to the Artic sea-bed including Canada, Denmark and the US. Furthermore, the mere possibility of laying claim to the sea-bed has been made possible by melting Arctic sea ice which may be a result of global warming. The 1982 UN Convention on the Law of the Sea (UNCLOS) permits claims to the sea-bed only where the sea-bed is an extension of a state's continental shelf.
Sierra Leone Tribunal Sentences 3 for War Crimes and Crimes Against Humanity
On July 19 the Special Court for Sierra Leone sentenced 3 former members of Sierra Leone's Armed Forces Revolutionary Council (AFRC) to lengthy prison terms for their part in crimes committed during Sierra Leone's decade-long civil conflict. The men were Alex Brima, Brima Bazzy Kamara and Santigie Borbor Kanu. Click here to a view a press release on the sentencing on the Sierra Leone Special Court's website.
ICJ Denies Provisional Measures in Pulp Mills Case
The ICJ denied Uruguay's request for provisional measures under Article 41 of the ICJ Statute. The ICJ found that the circumstances created by Uruguay's decision to authorize construction of the mill did not create sufficient cause to justify the order of provisional measures.
Charles Taylor Disrupts Proceedings at his Sierra Leone Trial
Accused war criminal and former Liberian leader Charles Taylor fired his lawyer, indicated he would represent himself and otherwise disrupted his trial in the Sierra Leone tribunal presently being held in the Hague. These disruptions are reminiscent of the way Slobodan Milosevic continuously challenged the proceedings of the former-Yugoslav Tribunal (ICTY). Click here for a link to a news article of Charles Taylor and the Sierra Leone Tribunal on the MSNBC website.
International Whaling Commission (IWC) Holds 59th Annual Meeting in Anchorage
From May 28-May 31, the IWC held its 59th annual meeting in Anchorage, Alaska. The membership of the IWC has now risen to 76; 71 attended the meeting. The IWC set fresh aboriginal quotas for several species and tribes and also recognized the relationship with CITES. With regard to the latter, the IWC passed a resolution calling upon its members not to seek a downlisting of cetacean species in CITES Appendix I while the moratorium on commercial whaling remains in place. Click here for a link to a summary of the press releases of the 59th Annual Meeting on the IWC website.
Intergovernmental Panel on Climate Change Issues Report on Climate Change Mitigation
On May 4, the Intergovernmental Panel on Climate Change (IPCC) issued a report in Bangkok highlighting the policy and scientific potential for climate change mitigation. Click here for a Summary of the report in pdf of the IPCC website.
US Supreme Court Rules Greenhouse Gas Emissions Must be Regulated by the EPA
In a decision that is sure to energize environmental activists, the US Supreme Court decided the case of Massachusetts v. EPA. In this case, the Commonwealth of Massachusetts and several environmental organizations sued the US Environmental Protection Agency (EPA) over its failure to regulate greenhouse gas emissions such as carbon dioxide as part of its responsibilities under the clean air act. The EPA argued in part that although climate change needed to be addressed any regulation on its part would be piecemeal and ineffective. The EPA also argued that any actions by that one agency could undermine President Bush's overall strategy to address climate change, especially its desire to encourage developing states to limit their own greenhouse gas emissions. The Supreme Court ruled against the EPA saying that the evidence of the effects of climate change, and the impact of greenhouse gases, was widely accepted and the EPA had to regulate pollution by greenhouse gases as with any other pollutant. Click here for a link to the full opinion in Massachusetts v. EPA on the US Supreme Court website.
US Supreme Court Decides Key Forum Non Conveniens Case
The US Supreme Court decided Sinochem International Co. Ltd. v. Malaysia International Shipping Corp. This case is one of the few it has deciding interpreting forum non conveniens, an important doctrine of transnational litigation. The Court resolved a split in the federal circuits as to whether or not courts applying forum non conveniens must first find that jurisdiction was proper in the federal courts. The Sinochem court ruled that it was not necessary for a federal court to find that jurisdiction exists in the federal court before dismissing on grounds of forum non conveniens. Click here for a link to the full opinion of Sinochem International Co. Ltd. v. Malaysia International Shipping Corp.
ICJ Decides Genocide Case (Bosnia and Herzegovina v. Serbia and Montenegro)
On February 26, the ICJ decided the Genocide Case (Bosnia and Herzegovina v. Serbia and Montenegro) which has been on its docket since 1993. The case alleges that Serbia committed genocide, as proscribed by both treaty and customary international law, in the Balkan Wars that ensued following the break-up of the former Yugoslavia. The ICJ ruled that Serbia neither committed genocide nor conspired to commit genocide but did violate its obligations under the genocide treaty to "prevent" genocide and also by failing to turn over indicted war criminal Ratko Mladic to the International Criminal Tribunal for the Former Yugoslavia (ICTY). The ICJ also noted that Serbia failed to comply with the Court's order of provisional measures of 1993. Those Orders required Serbia "to take all measures within its power to prevent genocide in Srebrenica in July 1995." Click here for a Press Release on the Decision on the ICJ website.
Intergovernmental Panel on Climate Change Issues Strongest Report yet on Dangers and Human Cause
On February 2, the Intergovernmental Panel on Climate Change (IPCC) released its Fourth Report entitled, "Climate Change 2007: The Physical Science Basis" which was the first of the IPCC's reports to point specifically at human (anthropogenic) factors, such as the burning of fossil fuels, as the leading cause of climate change. The report warned of very serious consequences that will result from failing to redress these human causes. Click here for a link to the IPCC website. Click here for a link to a Summary for Policymakers on the IPCC website.
ICC Pre-Trial Chamber Finds Sufficient Evidence for First Case to Proceed
On January 29th the Pre-Trial Chamber of the International Criminal Court ICC found sufficient evidence to proceed with its first trial. The case is against Thomas Lubanga Dyilo who is charged with employing child soldiers in the war in the Congo. Click here for a press release on the Dyilo case on the ICC website.
New UN Secretary General Ban Ki-Moon and New Non-Permanent Security-Council Members Take Seats
At the start of 2007 new UN Secretary General Ban Ki-Moon took office. Similarly, non-permanent Security Council members Belgium, Indonesia, Italy, Panama and South Africa took their seats on January 1, 2007.
Romania and Bulgaria Join EU on New Year's Day
On January 1, 2007 Romania and Bulgaria joined the EU. As a result of their accession the EU now has 27 members. As former Communist countries, and less economically developed members among European states, there are concerns about the preparedness of their institutions for EU standards.