In association with the International Commission of Jurists

Search: unwilling or unable

02 Dec

...unwilling to press lesser charges that did not involve such a penalty. I find the Court’s decision to reverse its earlier ban interesting for international lawyers on no less than three levels. First, it opens the door to resolving a nascent treaty dispute over whether Mexico could deny extradition of U.S. nationals on the basis of the potential life imprisonment sentence to be imposed. Under Article 1 of the 1978 U.S.-Mexico Extradition Treaty, Mexico agreed to extradite to the United States persons charged with 31 named offenses (e.g., murder, robbery,...
02.12.05 | |

10 Mar

...investigations, assessments and conclusions not only reveal fundamental truths but also document what has happened, which can be, in itself, a form of reparation for many.  Although limited, the record opened by the International Criminal Court supposes a history-making exercise that may well outlive us victims, but it is a response to a State that is unwilling to prosecute itself. Mechanisms such as universal jurisdiction provide opportunities that may well be the only meaningful chance for survivors to obtain adequate justice.  In part II of the interview, Victoria, Geraldine and...
10.03.26 | , , and |

11 Mar

...kind for a more extensive period. This could take the shape of a formal, self-imposed limitation by Ukraine, expressed through a legally binding unilateral declaration or it could communicate its intention not to seek NATO membership for a certain period in the settlement itself.   In addition, or instead, there might be a US undertaking to ensure that result. NATO itself would presumably be unwilling to depart from its formal ‘Open Door,’ and some effort would be expended in shaping the undertakings in a way that makes them appear as...
11.03.22 | |

15 Feb

...military deployments. This isn’t a restaurant; this is war. There are too many menu options. I wonder if there is a middle ground to solve this problem without explicitly repealing prior AUMFs. For example, could the new AUMF simply be amended to state that the president cannot rely on prior AUMFs as authorizations against ISIL? This would allow the prior AUMFs to stay on the books (which plenty of congressional leaders will be unwilling to repeal anyway) while still limiting their applicability with regard to ISIL. It would make the...
15.02.15 | |

11 Dec

...pressing for just such an international ban campaign for years and who has served as something of the intellectual inspiration and adviser behind HRW’s embrace of the whole ban treaty agenda. I don’t share Professor Sharkey’s views (with some I disagree on principle and with others, such as the factual future of technology, I’m agnostic, but unwilling to give up the possible benefits and certainly not sympathetic to HRW’s ban proposals). But he is the most persuasive voice for the ban campaign (as well a model of grace and good...
11.12.12 | |

25 Nov

...getting phone calls. Then it’s, ‘Okay, will you do anal? Will you do gangbangs?’ Then they’re used up. They can’t even get a phone call. The market forces of this industry use them up. In 2001 a documentary about the production of pornography called “ Hardcore ” was produced by Stephen Walker. Below is an excerpt from an interview with Walker describing the negative effects of just being on the sets of pornographic film production: The cost is clearest in Hardcore’s most intense sequence, which record Felicity’s unwilling encounter with...
25.11.08 | |

12 Oct

...not require the assistance of unwilling states. It is out of the scope of this post to delve into the options that could be used to access, examine, or preserve digital evidence — some of which would undoubtedly be controversial. Our suggestion is that the use of Article 56 for these purposes is poised for legal and investigative creativity, and this area requires further attention. Create Guidelines for Online Investigations in Compliance with Article 54 (1)(a) of the Rome Statute Article 54 (1) (a) of the Rome Statute provides for...
12.10.21 | |

05 Dec

...revived, in the short or long-term. In addition to the technological developments that undermine the need for one (mass manpower just isn’t that important anymore), that sense of national community has now dissipated to the point that many if not most Americans would be unwilling to sacrifice their sons and daughters for the national cause. It’s hard to come up with a scenario in which we return to a context in which the draft is both necessary and acceptable. It certainly isn’t going to come about as a result of...
05.12.06 | |

04 Jan

...campaign contributions, and you can bet this is the kind of issue they care about. (Presidential candidates now swing through London to do fundraisers.) Other governments can’t be happy about it, either, as they feel the heat from financial sector constituencies. 2) If the US can make FATCA stick, some nonresident citizens will renounce, especially those with large tax exposures. But the law will also spawn a new class of secret Americans. Unwilling to go through the hassle of filing annual tax returns and switching their checking accounts to compliant...
04.01.12 | |

12 Mar

...used to pass multiple resolutions against Israel each year, it also usually adopted resolutions addressing four or five of the world’s worst abuser countries. The U.S., or sometimes EU members, typically initiated these actions, but the U.S. is not a Council member and, aside from the Darfur situation, the EU has been unwilling to bring country-specific resolutions in the Council’s first year. The EU says that this is a necessary trade-off to win the other groups’ support in creating the Council’s mechanisms, such as the universal periodic review—but it also...
12.03.07 | |

21 Oct

...there is no one fixed point between the global and the local. Rather, it is a spectrum. Applied to net-work, Chander opts for a point that is closer to the local end: global services should adapt to the local rules at the recipients’ location. Chander’s Glocalization has its appeal. Indeed, it is likely to solve the race to the deregulated bottom; it respects local sovereignty and local mores, and it mitigates globalization’s often aggressive imposition of foreign notions onto an unwilling population. I would add that glocalization replicates real physical...
21.10.13 | |

11 Mar

...theories. Waters noted the importance of this transnational judicial dialog for the process of interaction, interpretation, and internalization of global norms, as well as for the formation of both formal and informal judicial networks. However, Waters highlighted what she called a “thorny concern” that may undermine the normative assumptions of transnational legal process and transgovernmentalism: the international countermajoritarian difficulty. Critics of Supreme Court participation in this dialog claim that the Justices have exacerbated this problem, and have imposed perceived international values on an unwilling polity because they have “removed” the...
11.03.07 | |