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American University Washington College of Law

Congressional and Other Testimony

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International humanitarian law

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Reply Declaration On Issues Of International Law, Laws Of War, Corporate Liability In International Law In Agent Orange Ats Litigation, Kenneth Anderson Feb 2005

Reply Declaration On Issues Of International Law, Laws Of War, Corporate Liability In International Law In Agent Orange Ats Litigation, Kenneth Anderson

Congressional and Other Testimony

This reply declaration elaborates the November 2, 2004 declaration on behalf of corporate defendants by Kenneth Anderson in the Agent Orange product liability ATS case heard before Judge Jack B. Weinstein. I have posted the declaration and this reply declaration to SSRN because of frequent requests for them from academics and because the declaration has been cited in scholarship.The reply declaration addresses the use of Agent Orange in the Vietnam War and the claim that its use in that period violated the laws of armed conflict. It discusses treaty and customary law of poison and poisoned weapons, issues of proportionality …


Declaration On Issues Of The Laws Of War, Corporate Liability And Other Issues Of International Law In Agent Orange Ats Litigation, Kenneth Anderson Nov 2004

Declaration On Issues Of The Laws Of War, Corporate Liability And Other Issues Of International Law In Agent Orange Ats Litigation, Kenneth Anderson

Congressional and Other Testimony

This 2004 expert declaration was offered on behalf of defendant corporations in Agent Orange litigation heard before Judge Jack Weinstein in 2005 as part of an Alien Tort Statute action by Vietnamese individuals and associations. I have posted it to SSRN because of the numerous requests I have had for it, and as it has been cited in scholarship.The Declaration starts by offering a basic discussion of the sources of international and in particular customary international law and the meaning and role of opinio juris, and their relation to ATS cases following the Sosa case. It then addresses laws of …