A Right to Adoption?

Two significant developments in Russia’s approach to the adoption of Russian children to foreigners have taken place this year. In January, a Russian law prohibiting American citizens from adopting Russian children took effect, thereby bringing to an end, at least for now, the longstanding and generally robust history of Russia-U.S. adoptions (between 1995 and 2011, almost 60,000 Russian children were adopted by American citizens). And just this week, the Russian Parliament approved a bill banning adoptions of Russian children to foreign same-sex couples. These laws can be expected to have, in the short-term, a discernible impact on the adoption prospects for the 100,000 or so Russian children resident in institutions.

The ban on American adoptions is known colloquially in Russia as the Dima Yakovlev Bill, named for a 21-month-old Russian boy adopted to American parents in 2008 and re-named Chase Harrison. Less than six months after his adoption, Chase died of hyperthermia after unintentionally being left in a car by his adoptive father. In a case that became highly politicized in Russia, the father was acquitted of involuntary manslaughter by a Circuit Court judge in Fairfax County, Virginia, in December 2008. The Russian Ministry of Foreign Affairs shortly thereafter issued a statement on the acquittal, expressing deep anger at the “flagrantly unjust ruling,” and implying a connection between Chase Harrison’s status as a Russian adoptee, and the lack of adequate punishment for his death.

Russia’s decision to ban American adoptions is at first glance a policy response to Russia-U.S. adoptions, such as Chase’s, that have gone wrong – Russia claims that a total of twenty Russian adoptees have been killed, whether intentionally or otherwise, by American adoptive parents. However the law is more commonly referred to in the U.S. as the “Anti-Magnitsky Law.”

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New Paper on the Senkaku / Diaoyu Islands Dispute

I posted a new essay on the dispute between Japan and China concerning sovereignty over the Senkaku / Diaoyu Islands. Here’s the abstract:

Legal analyses on the sovereignty dispute over the Senkaku / Diaoyu Islands have been unkind to Japan. The literature is populated primarily with works by Chinese commentators who argue in favor of the Chinese claim, and by others who conclude that the applicable law is simply too indeterminate to support either party. Academic arguments favoring Japan are rare and incomplete. This is a surprising state of affairs, given that Japan actually has the better argument. The purpose of this paper is to explain why.

The essay is still just a draft, so I welcome feedback from anyone who is interested in the topic.

 

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Constitutional Questions Downunder

Parliament House, Canberra

I woke up this morning to find that Australia, for the time being, has no Prime Minister. The position is vacant following Julia Gillard’s resignation last night. For those of you unfamiliar with antipodean politics, our system is a hybrid “Washminster” system, fusing federal elements of the American system with the British concept of responsible government. The Australian Federal Parliament is bicameral (House of Representatives and Senate). The office of Australian Prime Minister is the apex of the executive structure, but is not directly elected by the Australian people. Citizens vote for Members of Parliament, and the leader of the political party with a majority of seats in the House of Representatives is appointed Prime Minister. Of course, Australians usually bear in mind the leader of each major political party (i.e. the contenders for the position of Prime Minister) when casting their ballots.

As a result of this system, it is possible for a change in Prime Minister to occur mid-term if the ruling Party decides to change leadership (historically, a rare occurrence). It was just such a change that made Julia Gillard Prime Minister in 2010, and today she has been deposed as Prime Minister by the same means.

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