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12 Sep

...by which the content of customary international law is determined is nondemocratic, and provides little reason to believe that customary international law will maximize welfare, at least in comparison to judgments by the democratic branches of the political branches of the United States. This is obviously true when international law concerns matters with insubstantial spillover effects among nations, like the death penalty. Even when there are spillovers, the United States seems to have better incentives to provide international public goods for the world than the process which creates international law....
12.09.07 | |

16 Nov

...by 2030 is what makes this a "moderately big deal" as Prof Bodansky argues. There is nothing binding China to meet these targets and w/o steps or targets in place it may be possible that China will not take effective steps in reducing emissions until closer to 2030. However, I do agree with others that this is a big deal in terms of getting China to start moving in the right direction towards effectively curbing its emissions. Colleen I would have to agree with Prof. Bodanksy's last comment that if...
16.11.14 | |

13 Sep

...missery wages. Thus, people leave in search of a better life. Once they get here and to europe, they still get all the crumbs. It is no surprise then to hear that Mexicans and Central americans are a source of cheap labor. Now you are proposing to allow a certain number of migrants in exchange for access to our financial and service sector (not that Merril Lynch is abscent of these markets). How about those foreign companies there, pay the same wages that what they pay here (bye bye cheap...
13.09.07 | |

11 Sep

[Alexandre Skander Galand is a Ph.D. Candidate at the European University Institute (EUI), Law Department.] In the aftermath of the last episode of the ‘Al-Bashir saga’, one might have wondered what the International Criminal Court (ICC) will do with the last report (filed on 17 June 2015) of the ICC registry concerning South Africa’s failure to arrest and surrender Sudan’s President. The answer is now clear: there will be proceedings to determine whether South Africa failed to cooperate with the ICC. Indeed, last Friday 4 September, Pre-Trial Chamber II issued...
11.09.15 | |

09 Mar

...enforceability of the Ecuadorian judgment likely would be recognized as sufficiently persuasive authority – if not binding on the parties – to dispose of the question of enforceability in the foreign fora. Under New York law, the question of enforceability turns on whether the Ecuadorian judgment was rendered by a system so fundamentally unfair and impartial that the judgment should not be recognized or a product of fraud. This is a very common standard for determining whether to recognize foreign judgments. A careful factual and legal determination here that the...
09.03.11 | |

17 Nov

...rights for a U.S. citizen who is alleged to have committed similar acts abroad. I also think that the term "alleged" has all to often been missing from the discussion of detainees suspected of terrorism, both in their relocation and prosecution. It is worrying to hear the fear of both the media and the public when they are discussing the relocation of detainees which they continually refer to as terrorists. When did the "society dedicated to the rule of law" forget one of its most honored principles--the presumption of innocence....
17.11.09 | |

19 Jan

...prosecute an individual suspected of torture. Here is a passage from Chris Ingelse’s book The UN Committee Against Torture: An Assessment: Article 7, par. 2 grants the authorities a discretionary power in terms of whether or not they prosecuted a suspect of torture. The Committee confirmed — in abstract terms — that the discretionary power was not unlimited and could not be determined on the grounds of national law only. In any event, the discretionary power could not extend as far as to allow those responsible for torture to escape...
19.01.09 | |

22 Jun

...on a Google search. http://pechkin.rinet.ru/foto/il/Asher/Akhziv/ D. A. Jeremy Telman Oops -- make that opening line, "Not only in Britain." Tobias Thienel As luck would have it, the High Court has just decided a case in which it explains the - somewhat arcane - constitutional detail of the Channel Island of Sark. The case is R (Barclay) v The Seigneur of Sark [2008] EWHC 1354 (Admin). For explanations of the role of The Queen as Duke of Normandy, Sark as part of the UK (or not) for purposes of domestic and...
22.06.08 | |

31 Jan

...it seems crazy to call “unfair” a legal system which actually gave Knox a completely new chance to challenge her conviction. Most media coverage seems to get these points (sort of). I think they have done so because folks like Alan Dershowitz have finally read the treaty and done a little research (he now agrees with this analysis of the treaty above, more or less), and because the magic of the Internet allowed my blog post from last March to be found by reporters doing their Google searches. So kudos...
31.01.14 | |

04 May

Jordan Response...$15 Phil Brooks 0. Just farm it out to some school's Law Review and tell the students they will be compensated with "prestige." Non liquet I decided to do a Google search for pay by the hour for paralegals and legal assistants. The mean hourly wage estimate according to the US Bureau of Labor Statistics is $25 an hour and the median is $23 an hour. http://www.bls.gov/oes/current/oes232011.htm Now that's work that may be billed or otherwise, but it strikes me that $20-$25 hour seems like a reasonable rate for...
04.05.16 | |

22 Mar

...likewise nonsense. There are Mosques in Rome within a stone's throw of the Vatican. How many Churches are there in Saudi Arabia, the home of Mecca and Medina? Zero. I suggest that Islam needs a reversal of sorts more than the RC Church does.. Patrick S. O'Donnell Just for the record: I was raised a Catholic and had a Catholic education up to and through high school. I research, write and teach about religions as part of my profession, so if I'm extremely ignorant of the history of the Church,...
22.03.06 | |

19 Sep

...jus ad bellum -- a point made in 19 J. Trnasnat'l L. & Pol'y 237, 270-71 (2010). As that writing notes, a state is not always at war when a state uses force in self-defense in the territory of another state merely against non-state actor armed attackers. Quondam Cardozan Internet attacks are basically sabotage, not direct attacks. I'm sure that there's doctrine differentiating the two in terms of the level of licit response under proportionality, but a quick search of Google Books turned up nothing. Might be an interesting question....
19.09.12 | |