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Search: unwilling or unable

29 Mar

...are either NATO or EU members (and Taiwan and New Zealand are close US allies), it is conceivable that Brazil is unable to support the warrants without feeling like it is taking sides for the West. At the same time, coming out in stark criticism of the warrant would go against Brazil’s international obligations – compliance with international law being one of the key tenets of Brazilian foreign policy. Hence, it chooses a more eclectic, if not more flexible, approach. Like Brazil, South Africa’s position on the warrants has been...
29.03.23 | |

02 Dec

...by HILJ’s Online Staff, which is comprised of J.D. candidates, and they may also be reviewed by our faculty advisors and/or scholars in our peer network. We endeavor to respond to authors within a month of receiving a submission, but we are unfortunately unable to provide feedback for articles that are not selected. Once an article or proposal has been selected, the Lead Online Executive Editor will contact the author with further information on the editing and publication process. Please contact iljonline@mail.law.harvard.edu with questions or to request an expedited review....
02.12.18 | |

11 Feb

Alasdair I think doubtful is too reserved, i can't see any international court finding that Palestine is a state? Sharon This is a smart move by the PA - they are looking to the ICC for recognition of statehood. It could potentially backfire though, since the PA will be subject to ICC jurisdiction over their own residents if they are unwilling to try them. passer-by Situation is a potential minefield for the ICC. Finding jurisdiction on shaky arguments would definitely undermine its independent status. On the other hand, what are...
11.02.09 | |

16 Jun

Anonymous Generally speaking, I find the quality of argumentation among conservative law professors in this whole debate over "foreign law" to be abysmal. As Prof. D'Amato pointed out, they seem either unwilling or unable to distinguish between foreign domestic law and international law, which is maddening. But even more fundamentally, I suspect that the conservative law professors' petulant disdain and/or jingoistic fury toward the international community impedes their ability to craft any type of dispassionate or persuasive legal argument. In this regard, Kontorovich's aside about "lend[ing] us troop support for...
16.06.05 | |

12 Jan

...suspected of involvement involved in war crimes, for example, should not be investigated or prosecuted by the ICC if their state is unwilling or unable genuinely to investigate or prosecute the war crimes, but instead jails the person for outstanding parking fines? If that is not what you're suggesting, and in fact you agree that there must be some correlation between the conduct and crimes being investigated by the State and the ICC, isn't that exactly what the SSC is? If, however, you are suggesting that being jailed for traffic...
12.01.16 | |

23 Aug

...seems that your critique still skips a step to get from the court’s holding that Germany is immune from this suit in the US to your conclusion that this “effectively … give[s] the successor state a blank slate.” To get there, don’t you have to establish that there is no adequate alternative forum and, in particular, that the German courts are unable or unwilling to adjudicate fairly the question whether East Germany succeeded to the Weimar debts at issue? The closest I spotted in the opinion to a “missing link”...
23.08.10 | |

12 Feb

Anonymous Indeed, it is unacceptable... In the ICTR case that I'm working in, out client spent 16 years in prison before the verdict in 2011. Now, we are in the appellate stage and we dont have a date for the hearing yet.... So, near 20 years to have a definite judgement (in appeal) at an international tribunal ? Totally unacceptable, whatever the sentence the accused gets (if not acquitted) !! Alex Fielding A case for compensation if I've ever seen one. The problem is the ICTR is unwilling to even...
12.02.14 | |

16 Apr

...earlier draft of Article 56 that would have obligated "separate action" in the sense that you have erred in understanding it. Farshad Kashani I think Iran could eventually apply to the International Court of Justice for an advisory opinion. Jordan Tyler: it is well known that the 56 oblligation is to take joint or separate action even if the U.N. is unable or unwilling to act. Furthermore, the word in "cooperation" assumes that the U.N. is taking action to assure universal respect for an observance of human rights re: the...
16.04.14 | |

06 Jul

...old case law regarding the federal jurisdiction over immigration law, which itself reversed the original scheme in which individual states governed immigration. Fresno Financial Advisor Arizona is contributing to our society by doing the job the Feds don’t want to do. Flavius Aetius Unfortunately Arizona and soon to be other states are doing the job that the Obama and the Federal Government has failed to do or are unwilling to do. This is going to be another Obama quadmire. What was I thinking when I voted Democrat for the first...
06.07.10 | |

11 Jun

...definition of the equivalent term accepted by the plurality in Hamdi." If Padilla falls within Quirin, then so does al Marri. Unwilling to admit that they were reaching a conclusion that contradicted a previous ruling of the same Circuit, but unable to make the case any other way, this decision simply applies some flim-flam to obscure the conflict and the breakdown in logical reasoning. They declare that they are in agreement with the Padilla case by asserting that the Padilla decision agrees with their finding, while at the same time...
11.06.07 | |

08 May

...could critique the legal analysis out of government, and most likely worked in government to clean up US policy - iit it in the face of massive torture in fact having occurred pursuant to the flawed policy he - like too many of our ambient political class - can not find in himself the capacity to insist on criminal prosecution of high level officials who created these crimes. On drones, he seems to buy the unable or unwilling as legal doctrine meme that is about by so many commentators. He...
08.05.13 | |

05 Mar

...actor armed attacks are emananting -- but he did not say that we needed their consent, just that "sovereignty" would be part of the consideration and that in some cases, for example, the foreign state may be unable or unwilling to stop the non-state actor armed attacks -- which is not a limitation under international law with respect to the right of self-defense under the U.N. Charter. See also http://ssrn.com/abstract=1718548 Holder correctly noted that U.S. citizenship does not provide immunity from lawful targeting under the U.S. Const. or int'l law....
05.03.12 | |