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...
24 Aug Rohingya Symposium: Is Justice for the Rohingya Possible Within Myanmar?
...would also facilitate prosecution as a practical evidentiary matter. Needless to say, the conflict has exacerbated Rakhine-Bamar ethnic tensions and further undermine stability in the region (with respect to the Rohingya, tensions are dispersed along ethnic (Rohingya-Rakhine-Bamar) and religious (Muslim-Buddhist) lines). In the lead-up to the national elections on November 8, a Rohingya Muslim politician was not allowed to contest based on citizenship grounds. These developments weaken prospects for voluntary repatriation of the Rohingya. The saga of violence, persecution, and impunity also make it unlikely for the Rohingya to find...12 Sep Tenure & Promotion Timelines: An International Track?
...it’s 26 out of the 36 schools (those listed above, plus Berkeley, BYU, Cardozo, Hofstra, Minnesota, Penn State, Pitt, and Wake Forest). I’ve provided more detailed data at the end of the post. Comments, clarifications and, of course, corrections would be most welcome. But before we get there, here’s my question for international law professors out there — does this data accurately reflect the timelines facing those who specialize in our field? As collected, we asked for general information about timelines, and what is possible in terms of how quickly...07 Apr What Do a Top-Shelf Vodka and Illegal Immigrants Have In Common?
They’re both participants in the reconquista, illegal immigrants as the foot soldiers and now a vodka purveyor as its cartographer. Entertaining little dust-up over this ad from Absolut, depicting (very roughly) Mexico along the lines of its early 19th century boundaries. The ad was targeted at Mexican consumers, “based upon historical perspectives and … created with a Mexican sensibility,” according to the company’s blog. Did the folks at Absolut really think someone in El Norte wouldn’t get wind of it? The ad predictably played into “Aztlan” conspiracy theories. The company...
23 Jun Skeptical Thoughts on the Proposed Crime of “Ecocide” (That Isn’t)
...anticipated.” It will be difficult enough to prove that the perpetrator was aware there was a substantial likelihood his or her acts would cause the required environmental damage; it will be nearly impossible to prove that he or she was also aware the expected environmental damage would be clearly excessive in relation to the anticipated social and economic benefits. The requirement appears to require the perpetrator to make the value judgment in question (“this act won’t be sufficiently beneficial”), along the same lines of Art. 8(2)(b)(iv), which requires the perpetrator...31 Oct Why Can’t Obama’s Aunt Contribute to His Campaign?
...afforded some channel of influence. It’s a matter of basic democracy theory. There have been a flurry of press stories and polls relating to foreign preferences in this election (overwhelmingly favoring Obama), all along the lines of, a world wanting to vote. (The Economist has ginned up a global electoral college; here are the global poll numbers from Foreign Policy, and here’s a blog called “Voices Without Votes: Americans Vote. The World Speaks.”) Extending truly universal franchise in presidential elections is a nice thought experiment, but ultimately not very practical....
09 May Let us Agree to Disagree: Reflections on Modirzadeh’s ‘Let us all Agree to Die a Little’
...referring by way of example to Eslava’s and Pahuja’s call to attune “the operation of international law to those sites and subjects that have traditionally been positioned as the ‘others of international law’”. This is a misreading of Eslava’s and Pahuja’s work. The usage of words “in the service of the Third World” in the paper has been used in a manner that it blurs the lines between ‘inclusion (and mainstreaming) of the sites and subjects of IL’ and ‘placing IL in the service of the Third World’ – reflecting...
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,...31 May Weekend Roundup: May 17-31, 2015
...a Sovereign Debt Treaty.” Kevin posted on Regulation 55 of the Rome Statute in the context of the Gbagbo proceedings and what he terms the irrelevance of the confirmation hearing. He also posted on when the left shoots itself in the foot (IHL version). We had two guest contributions in the last two weeks. The first, from Rick Lines, Damon Barrett and Patrick Gallahue was entitled: The Death Penalty for Drug Offences: ‘Asian Values’ or Drug Treaty Influence? Marina Aksenova posted on Five Questions on the Colombian Sentencing Practice and...
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...