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Search: jose guerena

27 May

...not established to suppress political or environmental protest as is noted by ITLoS judge H.E. Jose´ Luis Jesus. He wrote, "Likewise, the 'private ends' criterion seems to exclude acts of violence and depredation exerted by environmentally-friendly groups or persons, in connection with their quest for marine environment protection. This seems to be clearly a case in which the 'private ends' criterion seems to be excluded." (THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW, Vol 18, No 3, 378 - 379) So the fundamental problem is certain states refuse to abide...
27.05.13 | |

16 Jan

...for one expect better of you. And you can tell Condoleezza Rice that too as I shook my head with shat she said at the Centennial ASIL meeting when she was there with Justice Ruth Higgins, Sandra Day O'Connor, Jose Alvarez and Jim Carter. America is better than this. Sincerely, Ben annej @Ben: Don't let your anger (granted, supposed by me) get in the way of arguing properly. and I must say that these posts are convenient with Mr. Bellinger's aren't they - I would not be surprised by this...
16.01.07 | |

08 Jan

...a bit from reading some of their stuff, Harold Koh and Jose Alvarez. I'm not sure if the latter would say flat out these were crimes, but I'm very sure he'd concede it was a real possibility. The other three I'm not in doubt about, and Prof. Paust has been prolific on these issues from the start, begining with two papers he write for the Michigan Law Review right after they issued the PMO and the 2002.02.07 "fact sheet" on Geneva. But I really have to question that bulk citati0ons...
08.01.09 | |

29 Jun

...presumably be an obligation to try the president for treason, as required by the Constitution. As to the US position being similar to that of Chavez, well, a broken clock is right at least twice a day. This is no excuse not to condemn this travesty in Honduras. Jose Avila Let's set the facts straight: Dictator Micheletti, is just that, a dictator! Presidents are elected, this guy came to power by militarily kidnapping president Zelaya who was elected by the people. Second, if the people really didn't want him, there...
29.06.09 | |

21 Jul

...different ways) if enough political will was mustered to hold to account those administration members responsible for the human rights abuses –torture, detainees beaten to death, secret prisons, etc-- that have become synonymous with “America” and “Americans.” Reflecting on the Chilean Truth Commission, Chilean human rights activist and former commissioner José Zalaquett said two things I think apply universally: “One cannot expect morality from politicians, but one can hold them to the ethics of responsibility,” and “To make a clean break from the past, a moral beacon needs to be...
21.07.08 | |

26 Sep

I’m delighted to introduce José Enrique Alvarez as our guest blogger for the next few days. Professor Alvarez is the Herbert and Rose Rubin Professor of International Law at NYU Law School, and serves as a special adviser to the Prosecutor of the International Criminal Court on a pro bono basis. He is also a past President of the American Society of International Law. Professor Alvarez’s expertise includes a range of international law topics, most notably foreign investment (which he’ll be talking about at the upcoming International Law Weekend) and...
26.09.10 | |

27 Sep

...BITs and FTAs are having an impact on general customary law, see José E. Alvarez, “A BIT on Custom”). The IISD paper also contends that all of the regime’s stakeholders, from investors to states, should have an interest in greater transparency since all want public, harmonious and stable rules of the road. The IISD’s articulated reasons for the “public-ness” of the regime are more convincing than its second contention which is either that everyone wants transparency or that they ought to do so because transparency produces the most economically efficient...
27.09.10 | |

16 May

...exciting and adventurous as necklace killings and fanonstein torture al la Quatro. So, what do you think would be the CIA and American Judiciary's response if Al'Qaeda was running around every American ghetto, and giving every single black or Latino policeman the necklace treatment, to force all blacks and latino's to join Al'Qaeda? May I suggest your judicial officials would have considered Goldstone's moral turpitude mild, considering your judiciary's handling of Jose Padilla. What about that legal immigrant who was illegally arrested, detained and deported from the streets of San...
16.05.10 | |

14 May

...National Security and the Law) outline possible reforms of civil justice procedures in national security litigation. Of that group, Jack Goldsmith for his memo on getting around the non-refoulement treaty obligation criticized by Jose Alvarez and Neila Sadat years ago in the Symposium on Torture of Case Western International Law Journal is a person of interest for criminal investigation and prosecution. Matthew Waxman who was at Rumsfeld's DOD working on detainee operations is also a person of interest for criminal investigation and prosecution. Benjamin Wittes has written a book that...
14.05.09 | |

14 Dec

...that all major league players are Americans. They are not. According to this site, "after the United States, the Dominican Republic has the second-highest number of baseball players in the U. S. Major League Baseball. These include Sammy Sosa, Albert Pujols, Pedro Martínez, Vladimir Guerrero, David Ortiz, Jose Reyes, Manny Ramirez, Robinson Canó and Luis Castillo." Even if they were Americans, I don't think the federal law that Mitchell is referring to applies to the use of performance enhancing substances abroad. Roger Alford Peter Prows Roger, 1. None of the...
14.12.07 | |

19 Dec

...1-2, 6 (2003). Benjamin G. Davis The problematic nature of this Goldsmith work was I believe the subject of a Jose Alvarez article several years ago in the Torture Symposium of the Case Western Reserve Journal of International Law. Nice to see the Brits agree with the dubious wordgames Goldsmith was also playing. Best, Ben Tamás Hoffmann Hm, I would say that there are two separate but in practice inextricably intertwined issues at play here. One is the question whether a territory is occupied, which requires territorial control. On the...
19.12.11 | |

01 Dec

...(noting conflicts between Addington and Bellinger), 198-99 (noting that Addington, Gonzales, Haynes, Goldsmith, and others had flown to Guantanamo in September 2002 to discuss and observe use of patently unlawful SERE [Survival Evasion Resistance and Escape] tactics on detainees who were still held in secret detention or forced disappearance), 304, 307, 311-2 (noting the facilitating role of Gonzales) (2008); Jose Rodriguez, Hard Measures (2012) (admissions regarding waterboarding and other coercive tactics by former Deputy Director of Operations (Nov. 16 - Dec. 2004) and Director, National Clandestine Service (Dec. 2004 -...
01.12.13 | |