Search: crossing lines

...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...

...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...

...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...

...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...

...significant, both for the TWAIL movement and international law reformers in general. In the Bolivarian Alliance for the Americas agreement (ALBA) we find a platform from which TWAIL might transcend its reactive nature and develop a proactive character. Building on a practical prototype that produced a participatory model of democracy and a progressive model of social relations, we argue that ALBA’s philosophy and substantive workings present the structure needed for the reinvention of international law along similarly equitable lines; from a formal regulatory regime to a substantive emancipatory paradigm, from...

...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....

...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...

...be shorter than pitching abstracts. They are less oriented towards contextualization and more towards seizing attention. Their purpose is to quickly convey to a journal editor and ultimately to an unknown reader why they might want to read your article or essay. A sharing abstract is something of a sales document (as crass as that may sound) and something of a storytelling text. It can be useful to think about its narrative arc: its beginning, middle, and end. First and last lines are especially important. It can be worthwhile, also,...

...a Sovereign Debt Treaty.” Kevin posted on Regulation 55 of the Rome Statute in the context of the Gbagbo proceedings and what he terms the irrelevance of the confirmation hearing. He also posted on when the left shoots itself in the foot (IHL version). We had two guest contributions in the last two weeks. The first, from Rick Lines, Damon Barrett and Patrick Gallahue was entitled: The Death Penalty for Drug Offences: ‘Asian Values’ or Drug Treaty Influence? Marina Aksenova posted on Five Questions on the Colombian Sentencing Practice and...

...mistreated by their superiors, they are simply enduring what they signed up for. So, too, with soldiers in the American all-volunteer military, or the former prisoners who have secured a way out of prison by agreeing to deploy to the front lines in Russia’s war against Ukraine without proper training or equipment. The fact that someone has chosen a life, however, does not vitiate the state’s responsibilities to treat that person as an individual with dignity. What that means, of course, will vary according to the particular context. But the...

...and applying nudges to online news feeds that they think will help so-called ‘non-elites’ make ‘smart’ decisions (see this work of Michael Sandel at 81-112). Aside from the condescension that arises with practices and communications that run along the lines of ‘we know better than you’, which inhibits public trust (see, for example, here and here), nudging raises additional human rights considerations. There are a number of human rights dimensions to the current pandemic that have been highlighted (see, for example, here), including with respect to misinformation (see here and...

...Scott Gration, said that the policy, to be announced Monday by Secretary of State Hillary Rodham Clinton, would make use of a mix of “incentives and pressure” to put an end to the human rights abuses that have left millions of people dead and displaced while burningDarfur into the American conscience. General Gration said the administration would set strict time lines for President Omar al-Bashir of Sudan to fulfill the conditions of a 2005 peace agreementthat his government signed with rebels in southern Sudan; under the agreement, a proposal for...