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Volume 7, Spring 2007

Court/Tribunal: World Trade Organization Dispute Resolution Body
Case: European Communities – Selected Customs Matters, DS315 ABR (WTO 2006)
Written by: Jason Libby

            This decision results from appeals by the United States and the European Communities (EC) from a World Trade Organization Panel Report titled European Communities – Selected Customs Matters.  The US had originally claimed that the EC administers instruments of its customs laws in a non-uniform manner.  According to the US, the non-uniform administration of customs laws by the EC showed that the EC's system of customs administration, as a whole, conflicted with the uniform administration required of Article X:3(a) of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”).  In addition, the US claimed that the EC did not promptly review and correct administrative action relating to customs matters as required by Article X:3(b) of the GATT 1994. Read more...

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Court/Tribunal: International Criminal Court
Case: Current Status of Case the Prosecutor v. Thomas Lubanga Dylio
Written by: Matt Kriezelman

            The International Criminal Court is currently in the process of  hearing the case of Prosecutor vs. Thomas Lubanga Dyilo in the Democratic Republic of Congo Situation.  Mr. Thomas Lubanga Dyilo is accused of the war crime of using children under the age of fifteen to aid his militia group, the Union of Congolese Patriots(UPC), made illegal under Article 8 of the Rome Statute which created the International Criminal Court.  The ICC originally issued a warrant to arrest Lubanga Dylio on February 10, 2006.  On March 17, 2006 Congolese authorities transferred Lubanga Dylio to the custody of the ICC, making him the first person to be arrested under the statute of the ICC. Read more...

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Court/Tribunal: International Court of Justice
Case:Pulp Mills on the River Uruguay (Argentina v. Uruguay); January 23, 2007
Written by: David Sethi

            The International Court of Justice (“ICJ”) decided that circumstances, as presented before the merits stage of the proceedings, are not as such as to require it to exercise its power to indicate provisional measures against the Eastern Republic of Uruguay (“Uruguay”) for authorizing and commissioning the construction of two pulp mills along the River Uruguay. Read more...

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Court/Tribunal: International Court of Justice
Case:Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), February 26, 2007
Written by: Kenneth Stutts

            The Republic of Bosnia and Herzegovina (“Bosnia”) alleged various violations of the Convention on the Prevention and Punishment of the Crime of Genocide (“CPPCG”) by the Federal Republic of Yugoslavia (“FRY”) for atrocities committed by the military forces of the self-proclaim Republik of Srpska in the territory of Bosnia with the assistance of the FRY after the breakup of the state of Yugoslavia.
            The Court first addressed the issue of the identification of the Respondent party because of the separation of the Republic of Montenegro from Republic of Serbia in June 2006. It concluded that Serbia is the only Respondent at the date of judgment. However, the Court determined that any responsibility incurred for past events falls on both Serbia and Montenegro. Read more...