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26 Mar Posner and Sykes Book Symposium: Comment by Rachel Brewster
...preserving the global environment. Understanding how a regime will function depends on having a theory of government preferences. This is particular true with secondary rules. All remedy systems, like international law more broadly, needs to be self-enforcing (another major theme of the book). Governments must accept the remedy rules of a treaty regime – even if they breach the treaty’s substantive rules – or the regime won’t be sustainable. This requires an understanding of how government interests develop and change, including how the government trades off long-term versus short-term interests....10 Dec Transitional Justice and Judicial Activism Symposium: Comments by Chandra Lekha Sriram
...creation of the term “cross-judging” is also somewhat unclear, given the rich literature that exists on transnational judicial dialogue and transnational legal culture. Is there something unique about the new term? Expanding external jurisprudence and internal transitional justice Teitel closes with reflections upon the challenges where courts intervene in countries where accountability has begun, but has stopped or is delayed. She suggests that there is, or ought to be, a continuum of accountability where there are domestic political considerations in play. Building on conceptions of judicial deference, subsidiarity and complementarity,...21 Jan International Law as Behavior Symposium: An Agenda
...expertise can answer and obscuring the need for other tools, as Elena Baylis suggests. Finally, different approaches may also create research hurdles; they may involve methods difficult to pursue at the same time or by the same scholars. Rationalist and experimental methods may require mathematical expertise not widely shared outside of certain fields. “Ethnographic research involves case-oriented study, including long-term fieldwork and in-depth interviews,” as Galit Sarfaty explains. The burdens of doing such work well may make it difficult for all but the most committed to undertake. What might be...12 Jun “Foreign Intelligence” ≠ Foreigner Intelligence (Expatriate Americans in PRISM)
The NSA may be collecting data on Americans in the United States. What about Americans abroad? “Foreign intelligence” is a term threaded through the surveillance debate, with a general understanding that collecting that kind of information is okay. The term is defined in a territorial sense, in the sense of intelligence originating outside of the United States. Under the FISA Amendments Act, the Attorney General and the NDI are required to adopt “targeting procedures that are reasonably designed to ensure that any [intelligence acquisition] is limited to targeting persons reasonably...
06 Feb Why Now for a Global Treaty on Older Persons’ Rights—and a Path Forward
...as access to long-term care, caregiving responsibilities that often arise in later life, and the ability to both continue working and receive a pension—that existing conventions do not address. Meanwhile, evidence that older persons’ rights and needs are going unmet is found across low- and high-income settings alike. For example, older persons face an outsized risk of falling into poverty, as social safety nets often provide too little support to meet basic needs in the context of longer life spans, rising costs, and worsening global crises. At the same time,...