In an interesting turn of events, via IPS News, Spanish human rights violations during the Franco-era are being heard in an Argentine court. According to the article, “One of the plaintiffs is 91-year-old Darío Rivas, who is seeking justice
Respondeat
Respondeat, published by Andrew J Batog, covers a range of legal topics with a focus on international law, human rights, and jurisdictional issues. The blog discusses cases involving universal jurisdiction and the prosecution of international crimes such as war crimes, genocide, and crimes against humanity. It also addresses domestic legal doctrines like forum non conveniens and their application in federal courts. Additionally, the blog explores economic and regulatory matters, including monetary policy and its legal implications, as well as local government decisions affecting economic development. The content reflects an interest in the intersection of international norms and domestic law, as well as the practical challenges in legal processes and governance.
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Improving the Outlook for Orlando’s Tourist Industry in 2012
By A.J.B.
With a new year comes new challenges to Central Florida and in particular the Orlando and Orange County area.
Tourism is critical to the economic vitality of Orange County, Florida, but in recent years the tourist industry has come under…
Some Thoughts on the Lack of Consistency and Predictability in Federal Forum Non Conveniens Dismissals
By A.J.B.
The doctrine of forum non conveniens is applied with great inconsistency by federal district courts. The forum non conveniens analysis is, to quote Justice Scalia, “multifarious,” but what weight should be given to those factors is left to the trial…
Fix It Again, Treasury
By A.J.B.
An interesting piece in the Wall Street Journal, suggesting that the sun is setting on fiat money:
Forty years of persistent monetary interventionism have left the economy addicted to cheap credit and continuous asset inflation. Forty years of monetary expansionism…
Universal Jurisdiction, both “Ancient” and “Modern,” in United States Domestic Law
By A.J.B.
In the United States, a respect for the norms of international law has been part and parcel to domestic law since the framing of the Constitution; “[i]n fact, the Framers held the Constitutional Convention in large part due to the…
Can Jus Cogens Regress?
By A.J.B.
“States that respect human rights and operate on democratic principles tend to be the world’s most peaceful and stable. On the other hand, the worst violators of human rights tend to be the world’s aggressors and proliferators. These states export…
Federal Forum Non Conveniens Doctrine: Still Problematic After Sinochem
By A.J.B.
The modern doctrine of forum non conveniens
Forum non conveniens, literally “the forum not coming together,” is a common law doctrine by which a suit must be dismissed if the choice of forum, because of its geographical location, presents an…
What Does “Civilmoign” Mean?
By A.J.B.
The word “civilmoign” is a nonsense term that appears in Lon L. Fuller’s “The Case of the Speluncean Explorers.”
Now I realize that wherever you have rules and abstract principles lawyers are going to be able to make…
Gentili on Jus Cogens and Universal Jurisdiction
By A.J.B.
It is important to remember, despite a recent onslaught of criticism from those who oppose the cause of human rights, the notion that crimes against jus cogens give rise to universal jurisdiction is quite an ancient one. The commentaries of…
Jus Cogens and the “Classical Structure of International Law” Part II
By A.J.B.
Here is an interesting comment on the issue, directly rebutting Kontorovich and Art:
By extending the scope of its criminal law beyond its borders, the prescribing state condemns and prohibits conduct that takes place on the territory of another…