Search: crossing lines
18 Nov Fighting over the Spoils of the “Holy Land”: Attachment to Land as a Basis for the Rights of Ethnic Minorities?
...under Article 27 as forming part of enjoying one’s own culture, particularly for indigenous peoples and it has addressed several indigenous land claims under the norm. Still, as Kymlicka submits, “[c]onflicts involving ethno-national groups such as the Kurds, Kashmiris, and Palestinians pose a much greater threat to regional peace and security than the struggles of pastoralists or forest dwellers, yet […] the UN has no guidelines for addressing the[m]” (p. 390). Given the content of Article 27 ICCPR and the above-mentioned developments regarding (collective) land rights, the interplay of land...02 Apr HILJ Online Symposium: Greg Shill Responds to Christopher Whytock
...judgments. Instead, the problem—as I argue there and in Part III.A—is a federal statute and uniform act (28 U.S.C. § 1963 and the Uniform Enforcement of Foreign Judgments Act, which is law in 47 states) that effectively dictate the same result. Both laws establish a registration procedure that streamlines the enforcement of judgments across district and state lines: the plaintiff records the judgment with the court clerk and then proceeds to enforce, subject only to sharply limited defenses (e.g., defective process). Given that Part III.B.1 argues that states are not...27 Dec Sundays with Stendhal 10: On Epigrams
The Baron could not produce epigrams; he required at least four sentences of six lines each to be brilliant. (The Red and the Black, part II, chapter 34, “The Hotel de La Mole.” Sometimes, alas, I fear this is me.)...
16 Feb UK Okpabi et al v Shell: UK Supreme Court Reaffirms Parent Companies May Owe a Duty of Care Towards Communities Impacted by their Subsidiaries in Third Countries
...Okpabi, and more than 42,000 individuals from the communities of Ogale and Bille in the Niger Delta, alleging that oil spills from the respondents’ pipelines caused severe environmental damage, affecting their land, livelihoods, water sources and health. They sued Royal Dutch Shell plc (Shell), UK-based parent company, and its Nigerian subsidiary SPDC, which operates the joint venture between Shell and the state-owned oil company. But the responsibility of Shell, and the jurisdiction of UK courts over the case, was contested by their legal counsel. Both the High Court and the...
03 Feb The Appeals Chamber Invents Conditional Post-Acquittal Release
...integrity of its process.” The drafters have already made that value judgment, concluding that the integrity of post-acquittal release requires the acquitted person to be released unconditionally unless exceptional circumstances justify keeping him in detention. That is a perfectly sound position: although an accused person has rights throughout the criminal process, those rights are at their absolute highest following acquittal. At that point in the process, it makes complete sense to structure release along the binary lines contemplated by Art. 81(3)(c). It is problematic enough that the AC decided to...18 Oct US Delegation to Dubai Internet Negotiations To Be Larded With (Dominated By?) Industry Reps
...be talkshop, in which included non-state representatives get the extra status that comes with inclusion on an official delegation and some access to state representatives. That would be a bump for lesser known entities like “dotGay LLC” (also on the delegation). But the real dealmaking remains an exclusively intergovernmental undertaking. The other would be along the lines of corporate sponsorship of Olympic competitors. That would be much more robust kind of involvement – the state provides the nameplate but nonstate actors are more like partners than hangers-on. Ultimately it may...
09 Aug Doing Justice to History Symposium: Doing Justice Through History
...the MRTA armed groups as an armed conflict under international humanitarian law, and 2) it decided to study the history of the conflict in the context of Peru’s history of structural inequality. Thus, the TRC concluded that the Peruvian armed conflict had had a two-tiered explanation: the most immediate cause, it said, was the decision of the Shining Path (and only the Shining Path) to launch an assault on Peruvian democracy. At the more structural level, however, the Shining Path sought to “exploit old historical fault lines, that are transversal...