The Costs of Respecting Sovereignty

Respect for sovereignty can be an effective tool to manage relations between states, drawing boundaries of acceptable behavior. But there are also clear costs of respecting sovereignty. A foreign policy based on a principled defense of sovereignty can be, in fact, morally wrong, politically illegitimate, and strategically dangerous. This does not mean that sovereignty should be broken wantonly, but only that prudential judgment must be exercised to weigh the costs and benefits of respecting the sovereignty of a state. In the end, our security and our values, not the principle of sovereignty, should be the metric by which we should judge the necessity and legitimacy of U.S. actions.     

Skype Technologies SA v Joltid Limited and others [2009] EWHC 2783 (Ch). Anti-suit injunction: Clarification of effect of English exclusive jurisdiction clause in worldwide technology licensing contract

The Court's discretion in granting an anti-suit injunction has been clarified further by the recent decision of Mr Justice Lewison in Skype Technologies SA v Joltid Limited and Others [2009] EWHC 2783 (Ch). Ruling on the Court's willingness to grant an anti-suit injunction where an exclusive jurisdiction clause had been breached, Mr Justice Lewison held that “standard considerations that arise in arguments about forum non conveniens should be given little weight in the face of an exclusive jurisdiction clause where the parties have chosen the courts of a neutral territory in the context of an agreement with world-wide application. Otherwise the exclusive jurisdiction clause would be deprived of its intended effect”. It follows that contracting parties who deliberately select the English courts as a neutral forum in an exclusive jurisdiction clause will not be allowed to “wriggle out” of their agreement, unless the party seeking to commence proceedings in an alternative forum can establish exceptional reasons, outside of ordinary forum non conveniens arguments, to justify why the exclusive jurisdiction clause should be displaced.     

U.S Federal Trade Commission hosts public forum on facial recognition technology

On December 8, 2011, the United States Federal Trade Commission hosted “Face Facts, A Forum on Facial Recognition Technology,” a one-day public forum exploring emerging issues in the field of facial recognition in Washington, D.C. Consisting of thought leaders from academics, government and industry, four panels analyzed and discussed the technology behind facial recognition, current and potential uses of that technology, and the privacy and security concerns raised by this newly-emerging technology. The event was open to the public and was made available on the Internet via webcast.     

Radical Islam in Europe

Europe now faces three related but different challenges: how to respond, in a time when “native” European populations are shrinking, to the growing presence of Muslim minorities; how to avoid having its relationships with its Muslim communities controlled by Islamists who seek to replace Western civilization with Islamic government based on sharia law; and what to do generally about this Islamist threat. Thus far, the European responses to these challenges have been shaped by four factors: accumulated civilizational exhaustion; the inability to grasp the challenge posed to European national identities by the allure of the global Caliphate; weakness arising from degraded security capabilities, including the impact of the continued drive to “build Europe” by adopting the Treaty of Lisbon; and the preference for appeasement of Islamist demands.     

South African regulation of online casinos licensed in a foreign jurisdiction

Advances in technology brought about new popular gambling activities such as online gambling (sometimes called trans-border e-gaming) in South Africa and abroad, demand new regulatory structures since the current laws on gambling do not have provisions for online gambling. This article addresses the legality of engaging in online gambling within the South African borders by casino operators who are licensed in a foreign jurisdiction, giving rise to the issue of determining the place where the act of gambling takes place between a player who is in South Africa while engaging on the Internet with a server in another country. Although this article deals with the South African perspective, realizing that South Africa is a developing country and the law relating to the Internet might be behind, a reference to the online gambling law of United States (US) is made to showcase a need for attention to regulate online gambling in both developing and developed countries.     

Co-ordination and Co-operation in Respectful Disagreement: General Course on Private International Law

Netherlands International Law Review -     

The Many Faces of Mexico

This article will reexamine basic assumptions about the geopolitics and character of the United States-Mexico border, take a closer look at current events that have affected the drug war and, finally, discuss possible policy responses beyond those routinely voiced in the public domain.