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Search: crossing lines

19 Sep

...ever. Just check out the militia’s statements: “It is impossible to hand him over to Tripoli”, said a senior Zintani local official today under conditions of anonymity. “And you can put three red lines under the word ‘impossible’,” he added. The reason, he said, was because “Tripoli is under the control of outlaws”. He was believed to be referring to the alleged dominance of the Justice and Construction Party and the Muslim Brotherhood over the government and Congress and the large presence in the city of military units from Misrata...
19.09.13 | |

31 Oct

...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....
31.10.08 | |

05 Mar

...Korean Air Lines Co., 516 U. S. 217, 226 (1996). Lozano has not identified a background principle of equitable tolling that is shared by the signatories to the Hague Convention. To the contrary, Lozano concedes that in the context of the Convention, “foreign courts have failed to adopt equitable tolling . . . because they lac[k] the presumption that we [have].” Tr. of Oral Arg. 19–20. While no signatory state’s court of last resort has resolved the question, intermediate courts of appeals in several states have rejected equitable tolling…. I...
05.03.14 | |

19 Apr

...questioning of the liberal pursuit/aim of human rights would be central to the development of this new universalism. Engeland’s contribution is noteworthy since it displays the comprehension of the intractability of the issue and thus resists the urge to offer any magical solution to the same. Rather through an open proposal to reframe the debate on universality, it attempts to initiate a new understanding of principles of liberal peace and security, thus provoking new lines of inquiry. It is hoped that the same shall stimulate development of new thought in...
19.04.23 | |

18 Apr

...foundational principle of the international legal order. The authors skillfully point to the substantive values which are involved in the rule of law when adapting its content to the field of international peace and security: compliance, transparency, and accountability of international decision-making. These values, which constitute the qualities required for a normative order to be stable, certain and predictable, are therefore essential to the consolidation of the international community. Both formally and substantially, the rule of law encompasses authoritative guidelines to limit the discretion of the authorities who are called...
18.04.23 | |

15 Sep

...It is evident, from these lines, that Marshall (and the rest of the Court) were caught in the middle of an extremely delicate situation. A situation in which they justify the legal title acquired with conquest and, at the same time, recognise conquest as an inevitable fact which (even if they wanted) they would have had no competence to declare illegitimate. Taking into account the role of the Supreme Court in shaping US history, a different ruling could have had the potential to undermine the legal validity not only of...
15.09.21 | |

19 Jul

...last year in Spector v. Norwegian Cruise Lines, in deciding to avoid the presumption against extraterritoriality issue by focusing on a statute’s regulation of conduct within the United States while downplaying any attendant extraterritorial impacts. In Spector, the Supreme Court held that the Americans with Disabilities Act (ADA) generally applied to foreign-flag cruise ships in U.S. waters notwithstanding complaints that such an application would control cruise-ship operations and facilities outside of U.S. territory and conflict with foreign laws. Similarly, here, CERCLA may be applied only within U.S. territory in the...
19.07.06 | |

01 Oct

...radio signals it collects, and gathering the voluminous intelligence necessary to prompt a single strike. Finally, perhaps for lawyers the most interesting observation in the New York Times piece, however, is the recognition – very wide recognition in the US across most political lines – that in fact drones are more discriminating and precise: [W]hile experts argue over the extent of the deaths of innocents when missiles fall on suspected terrorist compounds, there is broad agreement that the drones cause far fewer unintended deaths and produce far fewer refugees than...
01.10.11 | |

08 Mar

...But even after this admission, this report suggests Texas has changed its position and will contest the authority of the President to order it to comply with the ICJ order. According to its spokesman, [Texas] respectfully believe[s] the executive determination exceeds the constitutional bounds for federal authority. The State of Texas believes no international court supersedes the laws of Texas or the laws of the United States. This statement (thanks to Carlos Vazquez for the heads up) suggests two lines of resistance (further suggested by Lederman’s pointer): (1) that the...
08.03.05 | |

14 May

...liberal democracy is possible beyond the state as constituted by citizens. I think I come out somewhere in between. I agree with Alex that citizenship most readily translates to other forms of territorial governance. Citizenship in the European Union, for example, doesn’t pose a major theoretical challenge. It doesn’t look all that different from citizenship in federal states such as the US. But anything else is much trickier. I’m hardly proposing the end of history here. But conflict and group definition will increasingly be drawn along non-territorial lines. How does...
14.05.08 | |

09 Nov

...in special subject areas such as human rights or international trade, how to deal with time factors, whether particular considerations arise if international organisations are involved, whether there is a useful potential crossover from the originalist/constructionist debate in constitutional interpretation, and whether an evolutionary method of interpretation forms a distinct approach. The Guide takes up some of these issues but much of its consideration of the topic is set in the context of the VCLT provisions. Perhaps now is a good opportunity to take stock of new lines of investigation....
09.11.12 | |

11 Mar

...the presumption to restrict ATS claims, then, it would have to introduce a new wrinkle or two. It could say that it applies to jurisdictional statutes (or at least to this one), or it could adopt the presumption as a prudential rule suitable for common-law claims. Once it found a basis for using the presumption, it could say that the presumption is overcome for the high seas but not for foreign territory, along the lines of the Kavanaugh dissent in Doe VIII. In itself, such an outcome wouldn’t be all...
11.03.12 | |