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...
19 Apr Symposium on International Conflict and Security Law: A Research Handbook – Human Rights: Between Universalism and Relativism
...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...08 Mar Texas’ Last Stand on Medellin
...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...02 Oct Kiobel Roundtable: The Alien Tort Statute, Kiobel, and Extraterritoriality
...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....09 Nov The Oxford Guide to Treaties Symposium: Starting a Conversation on Interpretation
...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....11 Mar Kiobel and Extrajurisdictionality
...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...06 Jul LJIL Symposium Vol 25-2: Beyond Constitutionalism – Pluralism’s Promise
...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...