My article, "The Legal Implications of Nearshore Outsourcing to Mexico," has been published in the latest issue of The California International Law Journal. The issue contains three articles on Mexico and one article on IP in the EU. My article is intended for practitioners and provides pragmatic advice and recommendations related to contract enforceability, remedies, arbitral clauses, data privacy, intellectual property, and other legal issues under relevant contract laws, NAFTA, and international commercial and trade agreements. In the same issue, J. Anthony Girolami examines the 2008 Renewable Energy Law in Mexico, its impact on the industry, and how California may benefit from geothermal, wind, and hydroelectric power generated in Mexico. In the third Mexico-focused article, Lizbeth H. Flores identifies eight cultural practices that every cross-border attorney doing business in Mexico should know. Lastly, Robert Cain and Mark Finn provide Part II of their two-part article on protecting intellectual property rights in the European Union. More

One year ago, I wrote a small booklet, "The Evil Dictator's Guide to Genocide: Deliberate Infectious Disease Spread," to accompany a presentation I gave on possible criminal culpability for intentional infectious disease spread. "The Evil Dictator's Guide to Genocide" provides Machiavellian guidance on the benefits, risks, and possible legal consequences of using infectious diseases as weapons against targeted or vulnerable populations. The recent swine flu outbreak, along with my post yesterday discussing the lack of the World Health Organization's enforcement authority, reminded me again of the ease by which an evil leader could take advantage of this latest disease outbreak. Back by popular demand, you can download a copy of the booklet for free. Circulation to evil dictators is prohibited by law. More

The SOLON War Crimes Conference, themed "Retrospectives and Prospects," took place on 19-21 February 2009 at the Institute of Advanced Legal Studies, London University, in association with SOLON and The Institute of Historical Research. Reprinted here with permission is the conference report and transcript of the plenary talk by Lesley Abdela. More

On Saturday, the World Health Organization declared the swine flu outbreak in Mexico and the United States to constitute a "public health emergency of international concern" under the International Health Regulations, a legally binding international instrument on disease prevention, surveillance, control, and response adopted by 194 countries. Countries with confirmed cases of swine flu are asked to report all probable and confirmed cases and deaths to WHO on a daily basis. WHO Director-General Dr. Margaret Chan also called upon all countries to intensify their surveillance and detection of unusual influenza-like outbreaks and cases of severe pneumonia. This discussion explores the International Health Regulations, its provisions for infectious disease containment, what constitutes a public health emergency of international concern, and the scope of enforcement authority to thwart a global pandemic. More

The International Review of the Red Cross invites articles on "Law Making" for its upcoming thematic issue in September 2009. Articles should take a critical look at the efficiency and importance of the international conferences of the Red Cross and Red Crescent, as well as their role in developing the law. The deadline to submit articles is 31 July 2009. More

The United Nations Office of the High Commissioner for Human Rights in Geneva, Switzerland has five positions open, including an immediate hire, 4-month terms, and 6-month terms. Candidates should have at least 2 years experience in human rights. See each individual job posting for qualifications. The first deadline for applications is 23 April 2009. More

eLaw Journal: Murdoch University Electronic Journal of Law is a general journal of law and legal issues. The editors are seeking contributions from academic staff and legal scholars, practitioners and honors level or postgraduate students for Volume 16, Number 1, 2009 of the journal. Contributions are invited to any of the four sections of the journal: (1) refereed articles, (2) working papers, (3) case and legislation comment, and (4) book and electronic resource reviews. The deadline is 30 June 2009. More

This panel, at the 2009 ABA Section of International Law Spring Meeting, addressed common pitfalls in negotiating and drafting international agreements. Panelists included Pierre-Yves Gunter, Calvin Hamilton, Florian Jörg, Fabiano Deffenti, and Erik B. Wulff. Panelists shared their "war stories" of cross-border transactions. The panelists agreed that lawyers need cross-cultural understanding and training. They provided tips on how to deal with contract translations, choice of law, award enforcement, and arbitration. The following summarizes their recommendations and real-world vignettes. I also provide a list of pragmatic tips based on my experiences with software development and data outsourcing. More

This week, the Energy and Commerce Committee on Capitol Hill will hold four days of hearings to discuss a 648-page draft bill, the "American Clean Energy and Security Act of 2009," sponsored by two senior House Democrats, Representatives Waxman and Markey. Last week, at the 2009 ABA Section of International Law Spring Meeting, Joseph Dellapenna moderated a discussion on Obama's market-based cap-and-trade proposal for carbon emissions with three panelists: Michael Gerrard, Jeffrey Gracer, and Kenneth S. Rivlin. The session was entitled, "Can Carbon Trade Save the World (or Does the World Need to Be Saved from Carbon Trading)?" These experts examined the concerns about market manipulation, the adequacy of possible regulation, the pros and cons of auctions, the lessons learned from other countries with traditional cap-and-trade systems, and possible policy alternatives. Here are some notes that I took during the session. More

Jeffrey L. Bleich, Special Counsel to President Barack Obama in the White House, moderated a discussion on human rights in the new administration with four panelists: Santiago Canton, the Executive Secretary of the Inter-American Commission on Human Rights of the Organization of American States (OAS); William Davis, the Director of the United Nations Information Center in Washington, D.C.; Ambassador Karen Stewart with the Bureau of Democracy, Human Rights and Labor at the U. S. Department of State; and Chip Pitts, an international attorney with Amnesty International. The panel was part of the 2009 ABA Section of International Law Spring Meeting, held 14-18 April 2009 in Washington, D.C. The panelists provided reflections and recommendations with respect to the Durban Review Conference, the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights, the International Criminal Court, the Alien Tort Claims Act, China, Sudan, Cuba, and actions for the Obama administration to take within the next 30 days. More

The LatCrit XIV Host Committee invites submissions of proposals for panels and papers for the conference to be held 1-4 October 2009 in Washington, D.C. Suggested topics include economic justice, international and comparative law, criminal law, death penalty, civil rights and constitutional law, gender and LGBT equality, reproductive rights, disability rights, immigration, political and electoral issues, communications policy, intellectual property, healthcare, education, employment, tax policy, and the environment. Use the online form to indicate your willingness to serve as a panel commentator, moderator, or roundtable facilitator. The deadline is Monday, 27 April 2009. More

The 2009 ABA Section of International Law Spring Meeting was held 14-18 April 2009 at The Fairmont Hotel in Washington, D.C. There were 80+ CLE programs, a series of networking events every day and evening, and special events at The Kennedy Center and the U.S. Department of State. I tweeted (#ABA) from the event. This blog posting provides short summaries of some of the sessions. Topics of special interest are separate blog postings. More

The Internet of the Future is the theme of the Second International ICST Symposium on Global Information Governance (ISGIG) to be held 15-17 September 2009 in Prague, Czech Republic. Legal researchers, academicians, practitioners, and others are invited to submit original papers describing new research, applications, or case studies. Encouraged topics include national and regional frameworks for IT governance, cyberterrorism, cybercrime, privacy, and virtual worlds. The deadline is 17 April 2009. More

The Kauffman Foundation Legal Institute has launched a major, multi-year initiative to support research and writing on legal subjects relating to innovation and economic growth. Several sessions at the Institute will be devoted to discussing working papers or draft manuscripts. The Institute solicits abstracts, outlines, or actual working papers by scholars seeking to present and discuss their work this summer in California. Air travel, ground transportation in California, and lodging will be covered for authors of accepted papers. The deadline is 15 April 2009. More

Judge Rosalyn Higgins, the outgoing President of the International Court of Justice (2006-2009) and member of the Court since 1995, recently spoke at the 103rd Annual Meeting of the American Society of International Law (ASIL) and the Jessup 50th Anniversary Celebration. She offered insights on role of the ICJ, changes within the court, and the future of international law. The following summary includes her remarks at both events. More