Search: crossing lines
24 Feb Medellín’s Influence on the Judicial Application of Treaties
...the authors fail to specify the lines between the bifurcated categories with adequate precision. As I have written elsewhere, treaties regulate three types of relationships: horizontal relations between states; vertical relations between states and private parties; and transnational relations between private parties that cross national boundaries. See David Sloss, Treaty Enforcement in Domestic Courts: A Comparative Analysis, in THE ROLE OF DOMESTIC COURTS IN TREATY ENFORCEMENT: A COMPARATIVE STUDY (Sloss ed., 2009). US courts never had a major role in enforcing horizontal treaty provisions. From the Founding until World War...
06 Aug Emerging Voices: The Use of the ‘Proxy Argument’ in the Al-Bashir Case–A Riddle for the Law of International Organizations
...international personality “disappears” under the ICC institutional veil. This theory is also connected with the claim that the ICC’s “statutory framework” should be applied “as a whole” to Sudan (para. 45 of the 2009 decision) and it definitely has effects on the primary obligation. In the context of international responsibility, the idea that member states act as quasi-organs is used to escape courts’ jurisdiction. As mentioned by Jordan (p. 90), the ECtHR would be lacking jurisdiction ratione personae (on the lines of the Behrami and Saramati case). All in all,...03 Nov Richard Perle, Dove?
...invasion of Iraq was illegal: In a startling break with the official White House and Downing Street lines, Mr Perle told an audience in London: “I think in this case international law stood in the way of doing the right thing.” President George Bush has consistently argued that the war was legal either because of existing UN security council resolutions on Iraq – also the British government’s publicly stated view – or as an act of self-defence permitted by international law. But Mr Perle, a key member of the defence...
19 Feb Moving Towards a Settlement of the Conflict in Ukraine
...red lines. Europe might not be an effective counter-weight, given the disdain of the Trump Administration for its former close allies across the Atlantic. However the format of the talks develops, any mediation effort would in the end need to be backed up by a Contact Group of Supporting States. In addition to the US, UK, Germany, France and Italy, this might include traditional supporters of mediation like Norway, Sweden, Qatar, the UAE, Saudi Arabia and Switzerland, and states closer to the Russian Federation, perhaps like Belarus, China, India, South...07 Sep Events and Announcements: September 7, 2019
...as many proposals as possible, but preference will be given to scholars who did not present last year and to works that have not yet been accepted for publication. We also workshop early stage projects. If you are interested in presenting on an early stage project, please let us know the working title and a few lines about the idea you are pursuing. Finally, if you are willing to be a commentator, please let us know. UN Audiovisual Library The Codification Division of the United Nations Office of Legal Affairs...
30 Oct Fourth Annual Symposium on Pop Culture and International Law: Understanding the Nakba through Arab Drama – Documentation and Symbolism in al-Taghreba al-Falastinya
...Palestinians can never obtain real or full self-determination) Eghbariah argues that the Nakba regime maintains the structure of oppressive fragmentation by developing a variety of legal constraints preventing refugees from returning to their lands or reuniting with family members with a different legal status (p.986). This is reflected in several heartbreaking scenes that litter the last few episodes of the series, such as Masoud’s attempts to cross the armistice lines to get some oranges from their old farms or when Rushdi sneaks into 1948 lands to search for his mother. ...
13 Aug Symposium on Prosecuting Asia-Pacific Crimes: Universal Jurisdiction Under the Future Crimes Against Humanity Convention
...competent international criminal court or tribunal for the surrender of a person” along the lines of Article 90 of the Rome Statute. However, Japanalso proposes to limit the “duty” to prosecute in draft preambular paragraph 8 to crimes with a territorial nexus and to insert a domestic law caveat in DA7(2), indicating narrower support for universal jurisdiction. South Korea proposes adding the option of “surrender” to DA13 (without making it a priority) and calls for ensuring “internal coherence with the jurisdictional framework established” under DA7, and specifically between DA7(2) and...18 Jun Berman Book Discussion: Berman Agonistes
...among diverse normative communities. Global administrative law emphasizes that much modern global governance occurs not in high-profile diplomatic conferences or treaty negotiations, but in less visible “global administrative spaces.” Global administrative law urges that these administrative and regulatory processes be reformed along lines that advance administrative law values, such as transparency, consultation, participation, reasoned decision making, and review. Moreover, global administrative law focuses the accountability and legitimacy of global administrative practices, important dimensions of global governance that GLP does not analyze in detail. To date, only a handful of scholars...
08 Aug Emerging Voices: The Time We Have, the Space We Need
...by way of obliterating the element of time that a reboot of international scholarship was made possible, creating new avenues for academic debate and rerailing intellectual conversations along lines that we somewhat keep following today. But even when the abstract functioning of disciplinary discourse is exposed, its structural bias remains unexplained. For precisely because it is indeterminate and theoretically empowers no-one, international law is also invariably used to disempower the already disempowered. Here, almost on a second thought, the contextuality of time reappears, echo of a broader post-structural turn which...28 Jun YJIL Symposium: The Seal Products Dispute and the Boundaries of Trade Law
[Simon Lester is the President of WorldTradeLaw.net and a trade policy analyst at the Cato Institute.] This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. Over the past two decades, there has been an effort by many trade law academics and others to define the boundaries of international trade rules in a way that disciplines trade restrictions, while allowing sufficient policy space for governments to regulate in legitimate ways. Rob...