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IEL in Domestic Courts

20 posts

A Ruling in the Kaplan Case: The WTO Gambling Decision is not a Defense

So says a magistrate judge. As you may recall, the defendants invoked the WTO Gambling decision as a defense against their prosecution for various gambling related crimes. Some excerpts from the ruling: As an initial matter, the defendants do not have standing to raise alleged violations of the GATS or

IEL at the Supreme Court

Via Jonathan Dingel, I see that the Supreme Court will be taking up an anti-dumping issue: The Supreme Court said Monday it will rule on a case that could make it harder for U.S. companies to obtain protective tariffs on low-priced foreign goods. The dispute centers on whether uranium

Medellin and WTO Decisions

The international law experts at Opinio Juris will have more insightful things to say about today's Medellin decision than I could ever think of, but one issue jumped out at me when I skimmed through it. At page 8, the Court says: No one disputes that the [ICJ&

More of the WTO Gambling Dispute in Domestic Law

The Gambling dispute has been great for opportunities to raise WTO law in domestic law. Here's another example, from the Imega vs. Gonzalez decision, issued this past week by the U.S. District Court for the District of New Jersey, which involved a complaint against the Unlawful Internet

Can Individuals Be Prosecuted Under WTO-Inconsistent Laws? You Can Bet on It

A large and sophisticated literature examines the normative desirability of granting "direct effect" to WTO law in domestic courts. However, much of this scholarship focuses on civil litigation. A related, but largely unexplored, question relates to the impact, if any, of WTO law on criminal prosecutions. In particular,

More on the Gary Kaplan Prosecution and his WTO Defense

Following-up on my earlier post, first, as of a couple weeks ago Gary Kaplan was still in jail, with bail having been denied. Second, how long before they make a Law and Order episode about this case? Third, here is a brief overview of some of the arguments he makes

A WTO Decision as a Defense in a Domestic Criminal Proceeding

Now this is interesting. I haven't had a chance to digest it fully, but I thought it worth noting for everyone now. I may come back to it once I've had a chance to think about it more. A few months ago, the FBI arrested BETonSPORTS.

WTO Law in Domestic Law: The Novartis Case

The status of WTO law in domestic law varies a bit from country to country, and is sometimes not very clear. The recent Indian court decision in the Novartis case was interesting, as the court basically said that any consideration of consistency of Indian law with the TRIPS Agreement should

More on Sanchez-LLamas and Hamdan

I don't have much to add to Rosa's analysis of Sanchez-Llamas and Hamdan, but as an interested party (author of an amicus brief in Sanchez-Llamas) l will elaborate a bit on the general approach to the relationship between international and domestic law that these two decisions

Hamdan (and Sanchez-Llamas)

In case you were wondering how the Hamdan decision might relate to international economic law, and how the Supreme Court came to apply the Geneva Conventions, there is a nice post by Rosa Brooks at the Georgetown faculty blog explaining how Hamdan approaches international law. Basically, the relevant portions of