Search: crossing lines
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...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...14 May Translating Citizenship Outside the State
...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...04 Feb A Response to Tom Ginsburg, Michael Vandenbergh, Mark Cohen, and Jonathan Wiener
...as well. We agree that the US and other countries have internal divisions that complicate their attempts to deal with climate change. We argue, however, that the differences in China are of a far greater magnitude than the blue state/red State divisions in the US and have more serious consequences for climate change. Eastern China is 5 times richer than Western China and the most serious fault lines that produce social instability—rich and poor, industrialized and agrarian, urbanized and rural—fit the East/West divide. Moreover, in the US, blue states turn...
16 Apr Symposium on Confronting Colonial Objects: International Law as Colonial Object – The Language/Materiality Dichotomy and the Coloniality of Cultural Takings
...organize the world along lines of social or racial inclusion and exclusion and to legitimize and domination and suppression” and (2) that they were “more pluralist at the time than admitted”, thus challenging the argument that “takings occurred in a legal vacuum”. There is a solid methodological reason for this dual role understanding, as it allows Stahn to avoid the inter-temporal problem: the idea that legal phenomena should be studied under the law as it existed at the time of their occurrence, not the time of their evaluation. This means...27 Jan A Response to Dr. Gerstenberg
...the “discursive turn” in the Court’s judicial style, which I describe and defend in my paper, could reopen debates about supremacy or direct effect, or even fracture the Court along the lines of the Berlin Wall. But there is more to Oliver’s argument. He suggests an alternative future of a Court engaged in a jurisprudence of “mutual monitoring and peer-review” which treats with respect the normative pluralism that presently structures the European legal space. My article sketches out a few possible answers to the first set of concerns and I...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...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...