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Panel Summary

Published online by Cambridge University Press:  05 April 2017

Michael P. Scharf
Affiliation:
Case Western Reserve University School of Law
Colin McLaughlin
Affiliation:
Case Western Reserve University School of Law

Abstract

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Type
Foreign Legal Advisors’ Roundtable
Copyright
Copyright © American Society of International Law 2005

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References

1 Chicago Convention on International Civilian Aviation, Dec. 7, 1944, 61 Stat. 1180, 15 U.N.T.S. 295.

2 The Alabama claims arose when, despite its declared neutrality, the United Kingdom allowed British ports to be used to outfit Confederate warships during the U.S. Civil War, including the Alabama, which reportedly sank more than sixty Union ships. After the Union won the Civil War, the U.S. government sought to hold the United Kingdom accountable for what it perceived as a serious violation of international law. The United Kingdom agreed to submit the Alabama claims to binding arbitration. For a discussion of the Alabama claims between the United States and the United Kingdom, see PETER SEIDEL, THE ALABAMA, IN ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW, 97-99 (1992).

3 In 1956, the United Kingdom and France jointly attacked Egypt in the wake of Nasser’s nationalization of the Suez Canal. See John Norton Moore, Solving the War Puzzle, 97 AJIL 282, 284 (2003).

4 Sosa v. Alvarez-Machain, 124 S.Ct. 2739 (2004).

5 U.K. House of Lords: Regina v. Battle and the Commissioner of Police for the Metropolis and Others, ex parte Pinochet, 38 ILM 581 (1999).

6 In Larger Freedom: Towards Development, Security and Human Rights for All. Report of the Secretary-General. UN Doc. A/59/2005 (March 21, 2005).

8 Current Development: The Role of the Legal Advisor of the Department of State, 85 AJIL 358 (1991).

9 In 1837, the steamer Caroline was supplying insurgents and materials from the United States to fight against British rule in Canada. The British responded by entering U.S. territory from Canada, seizing and demolishing the Caroline, and leaving behind two dead U.S. citizens. The British claimed that they were acting in self-defense. U.S. Secretary of State Daniel Webster invited them to demonstrate that the necessity of the self-defense was “instant, overwhelming, and leaving no choice of means, and no moment for deliberation.” The British justified their actions in the terms suggested by Webster, thus implicitly accepting the “Caroline test.”