Search: crossing lines
20 May Re-discovering the Origins of Bilateral Investment Treaties
...could be used in combination with their more modern versions (viz. theBITs), to attract the latter’s dispute resolution mechanism, notably investor-State conciliation and arbitration. Such an operation would be in keeping with the 1978 ILC Draft Articles on MFN clause, the jurisprudence of the International Court of Justice (ICJ) and arbitral precedents. Synthesizing Article 10 of the Draft Articles on the MFN Clause, the ICJ’s take in Ambatielos I case, and arbitral tribunals’ findings along the lines of Ambatielos II case, an MFN clause of a treaty can attract the...
06 Apr About Time: Statutory Limitations and Crimes against Humanity
...shall not apply to crimes under international law that are by their nature imprescriptible (thus including crimes against humanity). Nevertheless, Principle 23 adds that, “when it does apply, prescription shall not be effective against civil or administrative actions brought by victims seeking reparation for their injuries”. Along the same lines, the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Laws establish that “where so provided for in an applicable...
30 Mar Symposium on Early Career International Law Academia: That Other Half of the Job – Getting Started on Teaching (International) Law
...Here are some tips in that vein: You must teach at least once during your PhD: even if you are fairly certain you do not want to have a career in academia afterwards, do it, just to be sure you do not like this part of the job. And, if you are potentially interested, you need to be able to establish a track record for when you do start applying for all those jobs. Take pedagogical theory seriously: in most disciplines, we train as academics without any training on how...22 Apr OPCD Report on Gaddafi’s Situation in Libya
...be any fixed telephone lines, from which he could call anyone to choose a lawyer. Although the visit did not take place in the particular room in which he is being detained, it is clear that he would not be able to keep privileged documents in a secure location. 37. When asked whether he would want someone, such as his family, to arrange for a Libyan lawyer for the domestic proceedings, he responded that he would. 38. Mr. Gaddafi has been interviewed by the Libyan authorities in connection with allegations...19 Sep Quivering Before (International) Law: The Terrified Presidency
...constraint to some national security harm (see David Cole and Jules Lobel’s new book for the argument that it’s the violation of law, rather than conformity with it, that has done the damage). The argument is more along the lines of, anti-terror efforts require boldness; legalization results in timidity. I don’t buy it. Either this isn’t a war, in which case the rule of law as usual is presumptively a good thing; or we’ve been lacking the leadership that would overcome the timidity. Goldsmith recognizes the first possibility. “When a...05 Apr Man Removed from Plane for Singing Along with The Clash
...singing along to The Clash’s 1979 anthem “London Calling,” which features the lyrics “Now war is declared — and battle come down” while other lines warn of a “meltdown expected.” [snip] “He didn’t like Led Zeppelin or The Clash but I don’t think there was any need to tell the police,” Mann told the Daily Mirror. Lucky for Mann he wasn’t listening to the Sex Pistol’s “Anarchy in the UK” or anything by Gang of Four. He’d be at a black site undergoing “interrogation” as we speak… Hat-tip: Daily Kos....29 Jan International Environmental Law as a 30% Solution
...role, but that is all. It is what I call a thirty percent solution. Solving a problem such as climate change depends on many other factors as well. Thus, my main thought leaving Copenhagen was exactly along the lines that Kal suggests — namely, to revisit the issue of geoengineering, which I last wrote about more than a decade ago. Geoengineering raises many questions and concerns. But if countries fail to limit their emissions significantly — and if severe climate change occurs as a result — then geoengineering may emerge...06 Apr How the Laws of War Helped to End American Slavery
...have escaped within your lines. I am Colonel Mallory’s agent and have charge of his property. What do you mean to do with those Negroes?” “I intend to hold them,” Butler said. “Do you mean, then, to set aside your constitutional obligation to return them?” Even the dour Butler must have found it hard to suppress a smile. This was, of course, a question he had expected. And he had prepared what he thought was a fairly clever answer. “I mean to take Virginia at her word,” he said. “I...03 Oct How Bird Dung Affected American Imperialism and U.S. Views of International Law
...the US Government who’d been given a killer assignment. Apparently somebody had walked over to the desk of this poor functionary, scribbling away in some basement office, and said something along the lines of: “You know, we have a bunch of islands in the Pacific and the Caribbean—little islands. How about you figure out what the deal is with all these places, legally speaking.” I was holding the result: The Sovereignty of Islands Claimed Under the Guano Act and of the Northwest Hawaiian Islands, Midway, and Wake. And it was...