December 16, 2011-- Professor Kal Raustiala commented on a decision by a 9th U.S. Circuit Court of Appeals panel to confirm an international arbitration award in Iran's favor on breach of contract claims against Cubic Defense Systems Inc. His comments appear in a Los Angeles Daily Journal article.
Another expert in law and international relations, Kal Raustiala of UCLA School of Law, said that it will be difficult for critics of the opinion to get around the fact that Kozinski signed off on it. "Kozinski is a well known libertarian/conservative appointed by Ronald Reagan and a refugee himself from tyranny in Romania," Raustiala wrote in an email. "So Newt Gingrich can't tar this easily as just another liberal decision by the 9th circuit and evidence that Democrats are soft on Iran."
Raustiala pointed out that diplomacy and trade often operate independently. "To put this in context, even after the Cuban Revolution - and the Missile Crisis - the Cuban government argued a similar case before the Supreme Court in 1964 and won," he wrote. "The bottom line is that national security and economic relations sometimes run on separate tracks, and we have a long tradition in our courts of permitting economic and legal disputes to move forward even when the other party is Public Enemy No. 1 - and even if the result is that they prevail against an American."
To read the entire article, click here (subscription required).