Search: crossing lines
11 Jul Death by Omnibus? The European Commission’s Proposal and the Fate of the Corporate Sustainability Due Diligence Directive (Part II)
...two multi-stakeholder organizations), 40 Dutch companies, over 400 chief sustainability officers of French companies, and 10,000 German companies. State of Play in EU Institutions and Politics The Omnibus proposal has exposed significant rifts along familiar lines: The European Parliament’s center-left Socialists & Democrats (S&D) and Green parties want to preserve the CSDDD’s original purpose and scope, while the center-right European People’s Party (EPP), which formerly supported the CSDDD, now argues that deregulation will lower costs and shore up European competitiveness. In Parliament, rapporteur Jörgen Warborn (EPP and chief negotiator of...15 Apr Questioning Political Commitments
...things along the lines of perceived credibility, which was supposed to be the dependent variable. With respect to “substance,” I thought two quite different concepts (normativity and precision) were crammed together, and that a two axis chart might have been better were they forced to share the space. As to “organization,” I found the ordering contestable: why commitments to future negotiations should be scaled higher than one-time commitments lost me at first, and tended to make sense only if it was shown varying with substance. As to “autonomy,” this was...05 Apr The Situation in Palestine
...organisations). Thus the correct statement that the Prosecutor could have included at this point should have been along the lines that ‘the current status granted to Palestine by the General Assembly is that of ‘entity’, not as a ‘non-member State’. Is this a pedantic and pointless criticism? Does what the Prosecutor says even matter anyway? I’m not too sure at this stage, but I do know that it is a statement that I would require a student to clarify, and would have pointed them in the direction of the UN’s...01 Sep Syria Insta-Symposium: Did Obama Consult His Lawyers Before War Powers About-Face?
Doesn’t sound like it, if you read between the lines of this AP account. Until Friday, everyone was assuming that congressional pre-clearance was not constitutionally required or otherwise warranted. Obama’s national security team was in agreement that while consulting with Congress was critical, there was no need for formal approval, officials said. Seeking a vote in Congress to authorize a strike wasn’t even an option on the table. You have to guess there were memos to that effect bouncing around State and Justice. Obama turned around on a dime after...26 Feb Kent on Boumediene/Odah Guantanamo Litigation
...countries which are leased long-term from host nations or held de facto for the long-term by the U.S. military. I think it would be dangerous and unwise for the Supreme Court to decide that potentially all aliens in the world outside the U.S. and its territories have individual constitutional rights. Clear and sensible lines need to be drawn to determine what is or is not a territory of the United States in which aliens have constitutional protections. I am working on an article that argues that these lines should be...
25 Feb The Nature and Implications of Israeli Occupation of the Palestinian Territory: Part I
...obligations towards the Palestinian Territory must be assessed going forward. Israeli Belligerent Occupation of the Palestinian Territories 1967-1994 Israel first established effective control over the West Bank, the Gaza Strip, and East Jerusalem—then widely referred to as the “Palestinian territories”—during the 1967 “Six Day War,” an IAC between Israel and several Arab States, including Egypt and Jordan. Much as today, the international legal status of those territories was ambiguous in 1967. The Palestinian territories constituted those parts of the former Mandate of Palestine that lay outside the 1949 armistice lines...19 Jun Berman Book Discussion: Notes From a Fellow Traveler
This post is part of our symposium on Dean Schiff Berman’s book Global Legal Pluralism. Other posts can be found in Related Posts below. This is a great book, and I am almost completely on board with the orientation here. Paul is right on the money in navigating between the territorial sovereigntists on the one hand and the cosmopolitan universalists on the other. The critique of the universalists is especially key insofar as it persuasively rebuts a standard sovereigntist fallacy (along the lines of, the sovereign state may be imperfect,...
03 Jun Brazil Fights Itself: Climate Litigation Against Incoming Backfire
...Strategic Plan for Protected Areas (PNAP) and international instruments, being the UNFCCC, the Paris Agreement and the Rio Declaration the ones most cited. These legal instruments have been combined with strong lines of legal reasoning arguments such as the responsibility and solidarity to the rights of future generations, the State’s fundamental duty to protect the environment, the claim for a fundamental right to climate stability and the principles of prohibition of insufficient protection of the environment and of socio-environmental and ecological retrogression. IV – …against incoming backfire The interweaving of...15 Oct Kavanaugh Appointment Foreshadows Looming Crisis for the Rule of Law
...Bar Association, which had previously rated Justice Kavanaugh “well qualified” felt it necessary to re-open its evaluation in light of the issues of “temperament” raised by the Senate hearing; the Senate did not wait for the outcome of this re-evaluation before moving to a final vote. This most recent spectacle illustrates a longer trend through which votes on Supreme Court appointments have over the years generally tended to become more and more divided on party lines (see: here and here.) In some cases, this has been due to party politics...