A Quote by Richard A. Falk
It is on balance desirable to encourage Universal Jurisdiction, and to create pressure from below to make application of such jurisdiction as consistent as possible. I think this will act as a deterrent in some situations, although this impact will never be acknowledged by those affected as it would only embolden civil society to intensify its pressures.
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The weaknesses and biases of the international mechanisms of accountability make it seem desirable to extend the domain of accountability by empowering domestic courts to act as agents of the world legal system. Even if there is no consistent application of Universal Jurisdiction, it still leads those who might be prosecuted to alter their travel plans to avoid even the complication of waiting for a complaint to be dismissed.
On the one side, I welcome prosecutions of individuals such as Pinochet, and would welcome the indictment, prosecution, and punishment of Kissinger. On the other side is the geopolitical reality that only those in the global South are likely to experience the impact of Universal Jurisdiction.
God made a mistake when he gave to humans, infected as they are with evil, jurisdiction over Earth. He should have given jurisdiction to animals.
The administration of private justice between the citizens of the same state, the supervision of agriculture and of other concerns of a similar nature, all those things in short which are proper to be provided for by local legislation, can never be desirable cares of a general jurisdiction . . . the attempt to exercise these powers would be as troublesome as it would be nugatory; and the possession of them, for that reason, would contribute nothing to the dignity, to the importance, or to the splendour of the national government.
Every man who truly loves a woman, and every woman who truly loves a man, hopes and dreams that their companionship will last forever. But marriage is a covenant sealed by authority. If that authority is of the state alone, it will endure only while the state has jurisdiction, and that jurisdiction ends with death. But add to the authority of the state the power of the endowment given by Him who overcame death, and that companionship will endure beyond life if the parties to the marriage live worthy of the promise.
That it is not enough to catch a criminal and get them convicted and so on, because the victim remains with the consequences of the crime. Something needs to be done. Let's complete that process, interact with civil society about this, so that we will specify what is it that we do in the context of that Charter that would then make this positive impact on people who might have been affected by crime.
It strikes me as hubris that Universal will buy EMI. What it will do is create a super-major that will have far too much power... I think when Universal goes up over 40 percent market share, I don't see how reasonable regulators can countenance. It will impact not just labels, but artists and cultural diversity.
The prosecution [of impeachments], will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused. The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust, and they relate chiefly to injuries done immediately to the society itself.
On the cautionary side, Universal Jurisdiction could be used to achieve some kind of ideologically motivated criminalisation of 'the other' that would discredit and derail a constructive effort to develop a credible meta-law that governs the behaviour of leaders of sovereign states.
Trade is a social act. Whoever undertakes to sell any description of any goods to the public, does what affects the interest of other persons, and of society in general; and thus his conduct, in principal, comes within the jurisdiction of society.
Do I feel any pressure as the most decorated Winter Olympian in American history? None at all. The only pressures that I know I face are those of how to pay it forward: How can I continually make a positive impact in people's lives, help others achieve their dreams, create their own Olympic mindset, creating champions within themselves?
I see basically two models of law firms in the world. One of the global law firm they go by the name of one-stop shops, which will open an office, everybody see and opportunity and will also practice the local law of that jurisdiction. That's a successful model as well but that's not the only model. And the other model is those of independent law firms, national champions which have some unique strengths as well and I think both have their strengths and weaknesses.
The opinions of men are not the object of civil government, nor under its jurisdiction.
It would not be desirable to include 'terrorism' among international crimes subject to International Criminal Court jurisdiction if defined to apply only to anti-state acts of violence. The failure to include terrorism as a distinct crime was due to the inability to agree upon its proper definition.
To claim qualified immunity under the Reforming Qualified Immunity Act, a government employee such as a police officer would have to prove that there was a statute or court case in the relevant jurisdiction showing his or her conduct was authorized: a meaningful change that will help law enforcement and the citizens they protect.
It is no surprise that companies do not often respond to moral pressure alone. We need to hit them hard in their pocketbook and on their balance sheet. We need to show them that their stock prices will be affected if their actions encourage Iran's nuclear weapons ambitions.
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