Public International Arbitration

1
Public International Arbitration

• March 31

2
Change in Reading Assignment

• For Monday
• Do not read The Minquiers and Ecrehos Case (pg.
  284-94) (Do read pages 263-84)
• Instead, read the following materials related to
  the Avena and Medellin cases, which are posted on
  my web site
• Law review article by Prof. Shelton summarizing
  the ICJ decision in Avena
• Excerpts from the U.S. Supreme Court decision in
  Medellin v. Texas

3
The Alabama Arbitration

• Read pages 264-66
• Were you surprised to learn about the volume of
  international arbitration in the 19th century?
• What is the significance of the Alabama
  arbitration?
• Why did the parties submit this dispute to
  arbitration? What were the feasible alternatives?

4
The Dogger Bank Case

• Read pages 266-72
• What happened in this case?
• What did the arbitrators decide?
• Did they reach the correct decision?
• Why do you think the parties agreed to submit
  this dispute to arbitration? What were the
  alternatives?
• See note 1, pg. 272.

5
The Dogger Bank Case (cont.)

• Be prepared to discuss the questions raised in
  notes 2-4 on page 272-73.

6
The Rainbow Warrior Case

• What are the underlying facts that gave rise to
  this case?
• Why did the parties agree to submit this dispute
  to arbitration?
• What did the arbitrators decide? Why? Did they
  reach the correct result?
• Be prepared to discuss the questions raised in
  notes 3 and 4 on page 280-81.

7
The International Court of Justice

• March 31

8
ICJ Jurisdiction

• Study carefully articles 36 and 65 of the ICJ
  Statute, and Articles 92-96 of the U.N. Charter.
• This is important background for the materials
  that follow.

9
The Avena Case

• Read Prof. Sheltons summary of the ICJ decision
  in Avena.
• What was the basis for the Courts jurisdiction
  in Avena?
• Why do you think the U.S. initially became a
  party to the Optional Protocol to the VCCR?
• Note that the U.S. withdrew from the Optional
  Protocol after the Avena decision.

10
Avena (cont.)

• In Avena, the ICJ held that the U.S. was
  obligated to provide review and reconsideration
  for specified Mexican nationals. This ruling was
  based on Article 36(2) of the VCCR.
• In Sanchez-Llamas v. Oregon, the U.S. Supreme
  Court disagreed with the ICJs interpretation of
  Art. 36(2).
• Based on what you know, did the ICJ misinterpret
  Art. 36(2)? Did the Supreme Court?

11
Medellin v. Texas

• The Court made two distinct holdings in Medellin.
  What are those two holdings?
• How did the Court interpret Article 94 of the
  U.N. Charter? Is the Courts analysis
  persuasive?
• After Medellin, what are the prospects for future
  compliance with ICJ decisions?
• By the United States?
• By other states?

12
Medellin v. Texas

• For commentary on Medellin, visit
  www.opiniojuris.org.
• Time permitting, we will discuss some of the
  commentary in class.

13
The International Court of Justice (cont.)

• April 1

14
The Diplomatic and Consular Staff Case

• What was the basis for the Courts jurisdiction
  in this case?
• Was the Court justified in exercising
  jurisdiction in a contentious case where one of
  the parties refused to participate?

15
Diplomatic and Consular Staff Case

• The Court divides its analysis into two phases.
• What happened in phase one? What did the Court
  decide?
• What happened in phase two? What did the Court
  decide there?
• Is the Courts analysis persuasive?
• Be prepared to discuss the questions raised in
  notes 1-5 after the case.

16
The Malawi Declaration

• Read Malawis Article 36(2) declaration on page
  309-10.
• Be prepared to discuss the questions raised in
  notes 1-3 on page 310-11.