Search: crossing lines
04 Jun Guest Post: Stepping Back from the Precipice in Bond
...of the nation’s population). In his opinion, however, Justice Thomas suggests that the judiciary should begin to draw such lines and should, in particular, recognize that “treaties by their nature relate to intercourse with other nations (including their people and property), rather than to purely domestic affairs.” Justice Thomas acknowledges that “the distinction between matters of international intercourse and matters of purely domestic regulation may not be obvious in all cases.” Even so, he concludes that “hypothetical difficulties in line-drawing are no reason to ignore a constitutional limit on federal...31 Oct Why Can’t Obama’s Aunt Contribute to His Campaign?
...afforded some channel of influence. It’s a matter of basic democracy theory. There have been a flurry of press stories and polls relating to foreign preferences in this election (overwhelmingly favoring Obama), all along the lines of, a world wanting to vote. (The Economist has ginned up a global electoral college; here are the global poll numbers from Foreign Policy, and here’s a blog called “Voices Without Votes: Americans Vote. The World Speaks.”) Extending truly universal franchise in presidential elections is a nice thought experiment, but ultimately not very practical....14 Jan All Quiet on UNCLOS
Notwithstanding its recent efforts to avoid recess appointments with 12 second sessions, the Senate will return in full next Monday. For international lawyers, the big question is whether UNCLOS finally gets a vote for the Senate’s advice and consent. As I noted here and here, the SFRC voted UNCLOS out of Committee last fall largely along party lines. But it’s been all quiet since. Indeed, I’ve heard from a couple of sources that the window for Senate A&C to accession is closing, if not closed. What I don’t know is...
25 Aug Latin America and the Caribbean in International Investment Law: The Price of Overestimating the Value of FDI
...settlement mechanisms, a number of Latin American and Caribbean countries have been thrust into the unenviable position of having to compensate investors to the tune of millions—much more than investors have injected into local economies. Argentina Argentina is one of the Latin American and Caribbean countries which has had to face the bitter truth that FDI is not as economically virtuous as touted by neoliberal proponents of this regime. In 1989, Argentina pursued an economic liberalisation programme in order to restructure its economy along the lines of the Washington Consensus...
24 Aug Rohingya Symposium: Is Justice for the Rohingya Possible Within Myanmar?
...would also facilitate prosecution as a practical evidentiary matter. Needless to say, the conflict has exacerbated Rakhine-Bamar ethnic tensions and further undermine stability in the region (with respect to the Rohingya, tensions are dispersed along ethnic (Rohingya-Rakhine-Bamar) and religious (Muslim-Buddhist) lines). In the lead-up to the national elections on November 8, a Rohingya Muslim politician was not allowed to contest based on citizenship grounds. These developments weaken prospects for voluntary repatriation of the Rohingya. The saga of violence, persecution, and impunity also make it unlikely for the Rohingya to find...12 Sep Tenure & Promotion Timelines: An International Track?
...it’s 26 out of the 36 schools (those listed above, plus Berkeley, BYU, Cardozo, Hofstra, Minnesota, Penn State, Pitt, and Wake Forest). I’ve provided more detailed data at the end of the post. Comments, clarifications and, of course, corrections would be most welcome. But before we get there, here’s my question for international law professors out there — does this data accurately reflect the timelines facing those who specialize in our field? As collected, we asked for general information about timelines, and what is possible in terms of how quickly...07 Apr What Do a Top-Shelf Vodka and Illegal Immigrants Have In Common?
They’re both participants in the reconquista, illegal immigrants as the foot soldiers and now a vodka purveyor as its cartographer. Entertaining little dust-up over this ad from Absolut, depicting (very roughly) Mexico along the lines of its early 19th century boundaries. The ad was targeted at Mexican consumers, “based upon historical perspectives and … created with a Mexican sensibility,” according to the company’s blog. Did the folks at Absolut really think someone in El Norte wouldn’t get wind of it? The ad predictably played into “Aztlan” conspiracy theories. The company...
23 Jun Skeptical Thoughts on the Proposed Crime of “Ecocide” (That Isn’t)
...anticipated.” It will be difficult enough to prove that the perpetrator was aware there was a substantial likelihood his or her acts would cause the required environmental damage; it will be nearly impossible to prove that he or she was also aware the expected environmental damage would be clearly excessive in relation to the anticipated social and economic benefits. The requirement appears to require the perpetrator to make the value judgment in question (“this act won’t be sufficiently beneficial”), along the same lines of Art. 8(2)(b)(iv), which requires the perpetrator...
09 May Let us Agree to Disagree: Reflections on Modirzadeh’s ‘Let us all Agree to Die a Little’
...referring by way of example to Eslava’s and Pahuja’s call to attune “the operation of international law to those sites and subjects that have traditionally been positioned as the ‘others of international law’”. This is a misreading of Eslava’s and Pahuja’s work. The usage of words “in the service of the Third World” in the paper has been used in a manner that it blurs the lines between ‘inclusion (and mainstreaming) of the sites and subjects of IL’ and ‘placing IL in the service of the Third World’ – reflecting...05 Apr Did the Soviet Union Commit Genocide in Ukraine (And Can Law Help Answer This Question)??
Russia’s lower house of Parliament has passed a resolution denying that the Soviet Union committed “genocide” in Ukraine during the 1930s. The resolution states: “There is no historical proof that the famine was organized along ethnic lines. Its victims were million of citizens of the Soviet Union, representing different peoples and nationalities living largely in agricultural areas of the country.” Interestingly, the resolution does not appear to deny (as it could not credibly do anyway) that the Soviet Union leadership was responsible for a great famine in the 1930s Ukraine...