In association with the International Commission of Jurists

Search: crossing lines

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 | |

02 Oct

...pose to U.S. foreign relations), while leaving open other potential applications of the ATS, such as to U.S. citizens and corporations (for which the United States may have some responsibility) and to foreign citizens residing in the United States (on the ground that the United States has an interest in not being a haven to human rights abusers). Although it is hazardous to make any predictions from oral argument, a number of the Justices during the reargument in Kiobel appeared to be searching for an intermediate approach along these lines....
02.10.12 | |

21 Sep

...far along the paper is. Because of the nature of the workshop, we can only include working drafts that have not yet been accepted for publication. We also workshop early stage projects. If you are interested in presenting on an early stage project, please let us know the working title and a few lines about the idea you are pursuing. Finally, if you are interested in being a discussant, please let us know. We will do our best to get back to everyone in November, and, for those whose working...
21.09.14 | |

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 | |

06 Jul

...order and seeks ‘hard guarantees in the form of legal norms that protect the interests of the different actors’ as well as hierarchies with clear lines of authority. Otherwise, the necessary support for international cooperation would be undermined. De Boer is in good company here – not only in that of the many constitutionalists populating the field today, but also of those pluralists who, afraid of the potentially radical implications of their idea, opt for some ultimate relief through a common legal frame. Such a frame is indeed immensely appealing...
06.07.12 | |

13 Apr

...to the concern that customary international law is anti-democratic: Indeed, customary international law bears the hallmark of democratic legitimacy. The U.S. is a key participant in the consensus-building process inherent in the creation of customary norms. Thus, these legal norms are fashioned with the input of U.S. elected and appointed officials, who represent and answer to their constituents at home. As Dean Koh acknowledges, Congress may override a customary international law norm where Congress’s intent is clear, thereby addressing any concern regarding democratic oversight. Across party lines, the Executive Branch...
13.04.09 | |