Search: crossing lines
18 Apr Symposium on International Conflict and Security Law: A Research Handbook – The Extra-Legal Foundations of International Conflict and Security Law: the Importance of Identifying Globally Protected Goods and Collective Interests
...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...
15 Sep The Illusion of Reciprocity in the History of International Law: Conquest and Civilisation in Johnson’s Lessee v. M’Intosh
...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...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...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...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....