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Search: crossing lines

07 Aug

...level of review in assessing admissibility challenges (particularly those raised by individual defendants), while setting at times an unreasonably high evidentiary threshold for challengers to satisfy. These procedural hurdles are, in my view, in tension with the policy goals of positive complementarity. I would prefer to see a more clearly articulated and consistent application of a deference principle – along the lines of that called for by Judge Ušacka in her dissents – that could permit a more policy-oriented jurisprudence to emerge without radically departing from the framing of admissibility...
07.08.20 | |

07 Feb

...global order, international lawyers of all stripes will need to develop a greater awareness of the diverse frameworks and narratives through which international law events are understood and arguments are made around the world. The first step in building this understanding is for international lawyers to diversify their sources and networks in an effort to see the world from different perspectives and through other eyes. The motivation for taking this step can be founded in cosmopolitan idealism (thinking international law should be more inclusive) or hard-bitten realism (along the lines...
07.02.18 | |

03 Aug

...But we also remember those who made a difference to the organization and the US relationship with it, e.g., Richard Holbrooke. Holbrooke made a difference at the UN beyond what the administration might have envisioned for the job. He directly and successfully lobbied across party lines to get Congress to pay US arrears to the UN. He succeeded in part through sheer force of personality, in part through convincing the Hill that paying the dues would be central to the US ability to clean up some of the messes at...
03.08.05 | |

08 Dec

...allowed the OTP to open their 2016 investigation into Georgia (p10), a cost now incorporated into the 2017 budget; but at €7,000,000 (p169), the contingency fund is not designed to cover the costs of entire unplanned investigations. In closing, and to use the United Kingdom as but just one example, the opening and closing lines of their general debate address highlights the point that States more than ever are unwilling to back up their rhetoric with adequate financial support.continued support for, and commitment to the International Criminal Court’, only to...
08.12.16 | |

12 Mar

...often measured by how effective and efficient prosecution authorities are. Yet, much more attention should be placed on the judiciary along these same lines. How well judges, and most importantly, chamber staff perform is another critical component in measuring just how successful international criminal processes are.  Putting aside the substance of judgments (which often engenders heated debates, to say the least), it is commonplace for the timeliness and length of international criminal judgments to be subjected to withering complaints as well. It is not hyperbolic to state that the total...
12.03.24 | , and |

20 Oct

...is strong and clear, as this judgement follows a bad experience in the case about the maritime delimitation with Peru (solved by the ICJ in 2014). Moreover, to face the further proceedings on the merits, Chile´s legal team has to change its strategy based in the 1904 Treaty, which was specifically excluded from the discussion by the Court. In this regard is worth asking what were the arguments of the parties? And does Bolivia really have a good case? In the following lines I will try to address these two...
20.10.15 | |

20 Aug

...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...
20.08.13 | |

17 Sep

...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...
17.09.13 | |

07 Nov

...to attack non-state actors in cases of unwillingness or inability of the host State, but rather requested each State to deal with the threats they encountered inside their own borders. In fact, this understanding of a limited set of options available to deal with rebel forces acting across national lines is precisely the legal discussion at the heart of the Mexican and American positions during the 1916 Punitive Expedition, and exactly the reason why I find its inclusion on Deeks’ chart so surprising. But more on this in Part II....
07.11.18 | |

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 | |

04 Jun

...to say, as a pro bono gift of Sullivan & Cromwell. Tiananmen took place while all of us were there; it was discussed at length, but the conference declined to make a joint statement, if I recall correctly. I think that was the right decision – no one at the meeting was authorized to speak on behalf of their organizations, to start with. Somewhat more disturbing was that not everyone at the conference appeared to think that the Chinese protestors had a defensible cause. The fault lines of the human...
04.06.09 | |

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 | |