Transnational Litigation, Arbitration, and Dispute Resolution

On March 25, 2008, the U.S. Supreme Court decided Medellin v. Texas,[1] a case in which a Mexican national on death row in Texas challenged his conviction on the basis that he was not afforded his right of consular notification under the Vienna Convention on Consular Relations (VCCR). In a 6-3 decision, the Court held that the 2004 decision of the International Court of Justice (ICJ) in Mexico v.

Introduction

Introduction

On July 17, 2007, Rwanda notified the World Trade Organization's (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) that it plans to import the HIV-drug TriAvir from the Canadian company Apotex and will not enforce any patents granted in that respect in Rwanda.[1] Two months later, Canada issued a compulsory license allowing Apotex to use nine patented inventions for manufacturing and exporting TriAvir to Rwanda.

On August 2, 2007, Russian explorers in a submersible planted their national flag on the seabed below the North Pole in symbolic support of Russia's 2001 claim relating to its extended continental shelf. This claim was first made on December 20, 2001 in the context of Russia's submission to the UN Commission on the Limits of the Continental Shelf (CLCS) in accordance with Article 76(8) of the United Nations Convention on the Law of the Sea (UNCLOS).

In a 94-page judgment issued October 8, 2007, the International Court of Justice (ICJ or Court) found unanimously that Honduras, not Nicaragua, has sovereignty over four disputed islands in the Caribbean Sea.

Update: The Mercosur Exemption Reversed – Conflict between WTO and Mercosur Rulings and Its Implications for Environmental Values (December 31, 2008)

On May 8, 2007, the German Constitutional Court (the "Bundesverfassungsgericht") handed down a decision on the question of whether Argentina could invoke necessity under general international law as an affirmative defense against claims brought in German courts by private individuals for the country's default on sovereign bonds in early 2002.[1] While the Court accepted that necessity was recognized as precluding the wrongfulness of a breach of internation

On January 23, 2007, the International Court of Justice (ICJ) rejected Uruguay's request for "provisional measures" against Argentina "a form of injunctive relief"aimed at putting an immediate end to blockades of bridges and roads connecting Argentina and Uruguay by Argentine citizens protesting the construction of a disputed pulp mill project on the Uruguayan side of the border. The project is the subject of the Pulp Mills Case (Argentina v.

Background