Search: crossing lines
17 Sep Transitional Justice Symposium: Transitional Justice 2.0–Rebooting Justice in the 21st Century
...transitional justice contexts have risen ( Bell and O’Rourke 2007 ; see for instance O’Rourke 2013 ; Bueno-Hansen 2017 , 2015 ). Oddly enough, these efforts, however much needed and welcomed, were already deeply grounded in Baldwin’s prose, which extrapolated on structural barriers in American society and disclosed racial fault lines and sexual taboos and challenges in the 1970s and earlier (See for in Baldwin 1972 ). The novelty of mainstreaming peripheral and marginalized perspectives lies in introducing these issues to the field of transitional justice and expanding also the...17 Feb Guest Post Part I: The Chilcot Inquiry–The Publication Saga of an Official History
...of a court. Wood expresses a deep commitment to international law precisely because of its horizontal interpretive nature; it is for government legal advisers to demarcate the acceptable boundaries of policy versus international law, providing apparent ‘clear bright lines’ beyond which policy cannot traverse without incurring international illegality. Not so, according to the government, if instructing Independent Counsel. In a document declassified and released by the Attorney General’s Office dated 13 March 2003 (ie on the eve of formal invasion) the legal secretary to the Attorney General, David Brummell, considered...25 Jul International Law in the U.S. Supreme Court: Introduction
...and the post-war years to the century’s end (1946-2000). Part V examines the leading post-2000 cases in light of historical practice. Although the dividing lines between historical periods are concededly somewhat artificial, the book is deliberately designed to devote substantial attention to the period from the Civil War to the end of World War II, which seems somewhat under-examined by prior scholarship as compared to the Founding era and the modern period. Within the chronological periods, the book further subdivides the Court’s treatment of international law into substantive categories: treaties,...
19 Aug Venezuela’s “Firm and Unwavering” Decision to Leave the International Criminal Court: From the Political Turmoil to the Legal Loopholes
...resort to an argument along the following lines: recognizing the effects of a withdrawal from an authority not vested with legal powers under national law could severely undermine the effectiveness of the mandate of the Court to fight against impunity. I acknowledge that this position departs from the traditional theories of international law that focus the recognition of governments on the doctrine of effective control. It frames the question in terms of the authority’s effectiveness in exercising control over the State rather than in a question of legitimacy. Under this...29 Jun Can Congress Reverse Hamdan? (Updated)
...legal power to constitute commissions or that such commissions violate the Due Process Clause. (3) So if Congress is unhappy with this decision, they can reverse it. Peter’s guess is that they won’t want to. I’m not sure about that, although that is a purely political question. Still, President Bush has already said he is going to ask Congress for legislation along these lines and a number of Senators, including Majority Leader Bill Frist and Senator Lindsey Graham, have said they will work to pass such legislation. *That was fast....
28 Mar Symposium on Early Career International Law Academia: Abstracts – Some Concrete Suggestions
...be shorter than pitching abstracts. They are less oriented towards contextualization and more towards seizing attention. Their purpose is to quickly convey to a journal editor and ultimately to an unknown reader why they might want to read your article or essay. A sharing abstract is something of a sales document (as crass as that may sound) and something of a storytelling text. It can be useful to think about its narrative arc: its beginning, middle, and end. First and last lines are especially important. It can be worthwhile, also,...
24 Sep Symposium on Protest and Legal Mobilization: Undermining the Right to Protest by Weaponizing Antisemitism
...protests in Amsterdam, which we witnessed firsthand, was particularly violent. Academic Freedom Fortunately, the importance of academic freedom is emphasized by many, as Senator Roovers motion for academic freedom has confirmed. However, we remain concerned that, as in other countries such as the USA and Germany, an antisemitism task force modelled along similar lines will fail to achieve its objectives. Moreover, we are concerned that by essentialising antisemitism as a form of hatred that deserves exceptional protection, and by focussing exclusively on Palestinian solidarity protests, this task force will further...
10 May New Technologies Symposium: Concluding Thoughts
...that ought to engage the minds of lawyers and asking, inter alia, that those lawyers develop a better understanding of technology. As she correctly observes, the book may help to phrase the questions we should be asking about technological development. It is for all of us to engage across disciplines when considering possible answers. Markus Wagner looks at Lethal Autonomous Weapon Systems and rightly comments that more could have been said in the book about the inherent difficulty in assigning responsibility in complex decision-making systems. He must be right that...