Search: crossing lines
12 Jun Weekday News Wrap: Tuesday, June 12, 2012
...former was ordered to target Iran’s nuclear program last week by President Obama. NPR posts an op-ed about the troubling hypocrisy in the US’ recent leaks about its targeted killings and cyber warfare programs while prosecuting more government officials under the Espionage Act of 1917 than all previous administrations combined. Inter Press Service reports that the US has halted talks with Pakistan on NATO supply lines. North Korea has denied any plans for a third nuclear test. Thousands are reportedly showing up in Moscow for the first mass protests against...02 Jul Chevron Update/Profile in Washington Post
...but it is also about the business of financing lawsuits: When Patton Boggs signed onto the Ecuador case in early 2010 at the suggestion of a hedge fund looking into financing the litigation, it wrote a memorandum titled “Invictus” — borrowing the title of a 19th-century poem that culminates with the famous lines “I am the master of my fate/I am the captain of my soul.” In it, Patton Boggs outlined a strategy to pursue international Chevron assets to enforce the $18.2 billion judgment, “with the ultimate goal of effecting...
08 Jul The Sum of Four Fears: African States and the International Criminal Court in Retrospect–Part II
...Panel took a measured approach in its recommendations, which concerned both peace and justice. It set out in detail its proposal for the establishment of a Hybrid Court (along the lines of the existing Special Court for Sierra Leone and the Extraordinary African Chambers in Senegal established to try Hissene Habre and others that came later), despite the objections of supporters of the Government, and noted that under the principle of complementarity the ICC would be ‘obliged to take consideration’ of its establishment (along with other local ‘effective justice measures’),...20 Aug Emerging Voices: The Joint Obligation to Protect Witnesses in the Fight against Transnational Organized Crime
...measures aimed at granting adequate “assistance in relocating protected witnesses abroad and ensuring their protection [and] exchange of information between authorities responsible for witness protection programmes” (ibidem). When a state implements judicial assistance mechanisms, its obligation to guarantee adequate protection of witnesses is extended across the state’s boundary lines, with a resulting surveillance obligation on the activity of the state requested of the assistance. This aspect should be considered by the requesting state when deciding to have recourse to judicial assistance both when a protected witness has to be heard...
29 Jun Compulsory Licensing for Crisis Management: Revisiting the EU’s Approach
...implement a compulsory license is shared. This is the underlying principle of the Human Rights Guidelines for Pharmaceutical Companies in Relation to Access to Medicines (2008), as affirmed by the UN Special Rapporteur on the Right to Health, Paul Hunt, who drafted these guidelines (see here, p.12). This principle is enshrined under Articles 7 and 8 of the TRIPS Agreement, which recognise the need for states to take appropriate measures against practices that constitute an abuse of intellectual property rights or adversely affect technology transfer. States have various policy tools...29 Mar Symposium: Cogan Reply to Pauwelyn
...forms of noncompliance that may be beneficial, but I do not consider them at length. Professor Pauwelyn first claims that I go “too far by underestimating the flexibilities and exit options that exist within the system of international law.” What I describe as noncompliance, he sees as “flexibilities and exit options perfectly permitted and accepted within international law.” I wish more people thought along those lines, and I wish it were that international law were more like what Professor Pauwelyn describes. Unfortunately, international law and international legal scholars appear to...02 Aug Events and Announcements: 2 August 2026
...send an email to gabriellezoemarceau@gmail.com, ana.balcazar@graduateinstitute.ch, and andre-philippe.ouellet@graduateinstitute.ch before 10 August. Please explain your background in a few lines and the idea you would like to bring forward. Job – Research Associate in International and European Law, Behavioural Science, and Sustainable Development: The Institute of Law and Economics at the University of Hamburg, Germany is seeking to fill two Research Associate positions, offering the opportunity to pursue a doctoral dissertation within an interdisciplinary team led by Prof. Dr. Eva van der Zee LL.M. The research focuses on international and European...16 Sep Corporations for International Law!
Don’t be surprised if you see a headline along these lines in the not-so-distant future. The NY Times today has an interesting lead story on how corporations are now pushing for federal regulation in various areas instead of fighting it, on issues ranging from fuel efficiency to predatory lending practices to cigarette lighter safety. The story highlights three elements of this about-face. First, business would rather have a single set of federal regulations than a patchwork of them from the states. Second, the big players are seeing the downside of...19 Jul Trail Smelter Redux (a.k.a. “Superfund Returns”)
...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...17 Sep IL/IR Symposium: Comment on Helfer
...more or less, with evidence from “escape” studies that differentiates the conduct of stable democracies from autocracies – but would also suggest that these and other fault lines emerge first during treaty design. Third, and finally, a more general word about the call for future research. This is typically one of the most useful functions of a survey chapter, if done astutely, and Larry’s suggestions – reflected in his blog post – do not disappoint. While I agree with him about the kind of questions that should be addressed, I’d...