The recent high-stakes dispute between Google and China over censorship and cyber-security has spawned renewed discussion of the international trade law protections that internet and media companies may enjoy. Less recognized, however, is a perhaps more powerful legal tool in the arsenal of internet and media companies engaging in cross-border investment s, namely international investment law.
Topic:
Economics, International Trade and Finance, Markets, Mass Media, and Law
Rule of law reforms in Liberia over the past five years serve as a clear example of how the international community has failed on this point, as the country's own practices have been generally neglected in the process. Characteristically, there is little updated information on the customary law and traditional practices of Liberia. In investigating how the international community addresses SGBV in Liberia, we found within the liberal peacekeeping/building paradigm few analytical tools that could be used to gain a solid understanding of the host country 'from below'. This area of society remains a professional blind-spot and represents a gap in the efforts of the international peacekeeping/-building community to build a sustainable peace in the country.
Criminal defense systems are in a state of perpetual crisis, routinely described as “scandalous.” Public defender offices around the country face crushing caseloads that necessarily compromise the quality of the legal representation they provide. The inadequacy of existing methods for serving the indigent is widely acknowledged, and President Obama has recently taken steps to give the problem a higher priority on the national agenda.
Topic:
Defense Policy, Markets, Law, and Prisons/Penal Systems
In a national context, the hierarchy of the sources of law is essentially the same in most European legal systems. At the top of this hierarchy there is a constitution. Below the constitution there are acts of parliament. And at the bottom we find administrative rules. This picture may be nuanced by including many other sources, such as court rulings, circulars, guidelines, white papers etc., but the basic hierarchy of a constitution, acts of parliament and administrative rules remains essentially the same.
It has only been one year since the Treaty of Lisbon entered into force and already there is a stack of pending issues requiring primary law change in the EU. The Franco-German Deauville Declaration of 18 October 2010 is probably the most politically prominent of them all, yet it is not the first, nor will it be the last in a long, incremental process of constant treaty revision similar to the national process of amending national constitutions. All of these proposals have one feature in common: none of them is an overarching treaty change and each one is designed in such a way that amends only one element of the system. This, in theory, should avoid the need to submit the change to public referenda in the EU as
part of the ratification process.
While the EU has no explicit legal competence in the sphere of religion and the management of relations with faith communities, religious concerns have taken on increasing importance within the legal and institutional framework and policy discourses of the European Union in the last years. This paper provides an overview of how religion and issues of religious diversity are being framed and addressed in EU law and policy by undertaking a critical analysis of the ways in which EU law and policy deal with, engage and understand religion at the policy level of the European Commission. Through an examination of EU legislation and both formal and informal policy initiatives in the fields of citizenship and fundamental rights, non-discrimination, immigration and integration, social inclusion and education and culture, this paper demonstrates that there is a complex and highly heterogeneous patchwork of EU normative approaches delineating the relationship between religion and the EU. These competing framings, very much rooted in the institutional structures of the Commission services, have important implications for discretionary power and sovereignty of the EU member states and for the coherence of European Union policies.
Habeas is working. The judges of the U.S. District Court for the District of Columbia have ably responded to the Supreme Court's call to review the detention of individuals at Guantánamo Bay, Cuba. As former federal judges, many of us expressed our confidence as amici in Boumediene v. Bush that courts are competent to resolve these cases. We write now to affirm that our confidence has been vindicated. While we take no position on particular cases, a review of the District Court's treatment of the Guantánamo litigation convinces us that the court has effectively developed a consistent, coherent, and stable jurisprudence.
Norway's five-year experience as the lead nation of the Provincial Reconstruction Team This policy paper is a practically-oriented comparative analysis of the work of the International Criminal Court in Kenya, Uganda, Sudan, and the Central African Republic, and the policy implications for its work for Norway, States Parties, civil society, and key states. The paper argues that all actors, including Norway, should more seriously engage these African states – and key stakeholders within them – to facilitate the work of the ICC to stem impunity. Without such support, the paper concludes, the ICC's objectives in Africa will not be realised.
Topic:
Crime, Genocide, Human Rights, International Law, and Law
July 1, 2010. Anyone following the path of an electron today could be excused for thinking he or she was in the wrong millennium. “Dinosaurs” still rule the world. Large, central power stations produce the vast majority of electricity. Coal, natural gas, some oil, or uranium enters on one end. Electrons and various other byproducts—some innocuous, most not—leave on the other, pushed over long distances across aging transmission lines. Many get lost along the way.
Topic:
Climate Change, Energy Policy, Environment, Globalization, Oil, and Law
This article looks to the first formulations of 'restrictive interpretation' to identify with precision the content and meaning of this rule. First Vattel affirmed that odious clauses should be interpreted restrictively. Then, under the Permanent Court and the first decades of the ICJ, a restrictive interpretation emerged in favour of state sovereignty. Later, with the approval of the Vienna Convention on the Law of Treaties in 1969, the interpretation favourable to state sovereignty was abandoned in favour of an alleged neutral way of interpreting treaties. However, a new restrictive interpretation (of sovereignty) was established, as an expression of the new values emerging in international law. This interpretation was obtained by means of the application of the Vienna Convention on the Law of Treaties, an explicit argument, and Latin maxims. Through a parallel analysis of jurisdictions which hear claims between private parties and states, such as the Strasbourg and the San José Courts, and the ICSID arbitrations, the article reaches the conclusion that this mode of interpretation reveals some inconsistencies. It concludes, however, that international law already has the means to address these issues.