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16 Nov Harvard Law Review Debates Roper and Foreign Authority
...as one jurisdiction against all the rest — the Roper majority made an implausible claim of “consensus” into a plausible one. Defenders of looking to foreign law typically describe that practice as a search for “persuasive authority” — an attempt, in Justice Breyer’s words, to “learn something” from a “judge in a different country dealing with a similar problem.” I argue here, however, that creating consensus by including foreign jurisdictions in the Eighth Amendment denominator goes considerably further and, in fact, gives the practices of those jurisdictions authoritative legal weight.”...04 Oct Book Symposium Investment Law: “Investment Lawyers are from Mars, Human Rights Lawyers are from Venus” – Comments on Hirsch
...actively search for appointment by multinational firms and have traditional links to commercial lawyers they have worked with in the past. Yet, one can no longer claim that there would not be an increasing number of arbitrators appointed who do not have a commercial arbitration background. Among the academics being appointed there is an increasing number of academics who have a broader view of the applicable law and are open to consider the relevance of human rights treaties or other norms of public international law that should be taken into...16 Sep Guest Post: The Lawless Presidency of Marco Rubio–A Reply to Professor Ku
...Kerry hammered out the terms of the Six Power Agreement with Iran on July 14, he could do so with assurance that the agreement had the force of statutory authorization behind it, so long as it survived Congressional review. Professor Ku fails to point to any subsequent statement from the State Department suggesting that the Administration did not take full advantage of its new legal powers. [1] In any event, we should be looking at the text of the Agreement itself to determine its legal status. Once again, Professor Ku’s...01 Apr Oops! Australian Federal Police Lose Alleged War Criminal
Not a funny April Fool’s Day joke, although it sort of sounds like one. Any of our readers in Coffs Harbour, NSW, please check out your window and give the Australian Federal Police a hand. THE Australian Federal Police are continuing to frantically search for an Australian accused of war crimes, after a five-year legal battle ended with the High Court ruling that an arrest warrant for him be reinstated and he be extradited to Croatia. AFP officers this morning were again at Mr Dragan Vasiljkovic’s last known residence in...
16 Nov Seconding the Case for More Transparency on Human Rights Bodies’ Decisions
...be researched through full-text search or filtering criteria. These decisions contain more in-depth analysis of the criteria assessed during initial review, but are sometimes unavailable or difficult to research. The ACHPR, for example, does not currently publish positive admissibility decisions, and prohibits petitioners from publishing them, interpreting the African Charter and its rules to prohibit disclosures in pending cases. Second, the ACHPR, ECSR, and UN human rights treaty bodies, in particular, could share information on the number and proportion of petitions rejected in the preliminary stage; all bodies could provide...
09 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: The Production of Visible Evidence in the Gaza Genocide
...neo-liberal structures and did not necessarily lead to just or accountable political formations. Such democratic and egalitarian notions are not only technologically and politically determined but cater to specific categories of labor and expertise. The freelance journalist, freelance researcher and the outsourced expert are all casted by evidence-based media as free agents in a free media market. As much as the independence of those from traditional media institutions and its ideological ties is important, aspects such as job security, professional and ethical standards, or privatization of knowledge intervene in the...