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Volume 11, Spring 2011

Court: European Court of Human Rights
Case: Raffray Taddei v. France
Date: December 21, 2010
Written by: Emily Dosch

            The applicant, Virginie Raffray Taddei (Taddei), a French national, is currently serving twenty sentences for convictions including embezzlement, forgery of checks, theft, and other crimes in Roanne Detention Center in France. In July 2007, she filed a complaint with the European Court of Human Rights alleging that her continued detention and the failure to provide her with appropriate treatment for her health problems were in violation of Article 3 of the European Convention on Human Rights (the Convention). Read more...

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Court: International Criminal Court, Appeals Chamber
Case: In the Case of the Prosecutor v. Thomas Lubanga Dyilo
Date: October 8, 2010
Written by: Jonathon Handelman

            The issue was whether Trial Chamber I erred when it decided to stay the proceedings and release the accused upon its finding that a fair trial was no longer possible as a result of the Prosecution’s failure to implement an order by the Chamber. The Appeals Chamber agreed that the Prosecution was bound to the Chamber’s order, but it found that the Trial Chamber erred when it resorted to the drastic remedy of staying the proceedings without first using sanctions, a more appropriate tool to bring the Prosecution into compliance. Read more...

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Court/Tribunal: World Trade Organization Panel
Case: UNITED STATES – MEASURES AFFECTING IMPORTS OF CERTAIN PASSENGER VEHICLE AND LIGHT TRUCK TYRES FROM CHINA
Date: December 13, 2010
Written by: Kyle R. Smith

           This World Trade Organization (WTO) report was issued by a panel formed pursuant to a January 2010 request by the People’s Republic of China (China). The basis for China’s request was that the United States (US) violated certain provisions of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Protocol on the Accession of the People's Republic of China (Protocol). China argued that the US violated Paragraph 16 of the Protocol and Articles I:1 and II:1(b) of the GATT 1994 when it implemented certain safeguard measures designed to protect the US domestic market from an increasing amount of Chinese imports. Read more...