Category Archives: International Law

Further Reflections on the Russian Hacking Indictment

In the wake of a bombshell indictment like the one returned on Friday, July 13th by Robert Mueller, the initial reaction is always a rush to respond. Accordingly, I gave my own first written thoughts in The Atlantic, and I joined my Lawfare colleagues in an evening podcast with my own “hot take” on the significance of the indictment, which alleged that Russian military intelligence officers of the GRU infiltrated the computer systems of American political campaigns. Quite naturally, our initial reactions focused on the political dimension of the indictment and what it portended for the Trump administration. With the benefit of several days to read more deeply and think a bit more about what we have learned so far, I wanted to offer some additional thoughts about what the indictment tells us about the broader systemic vulnerability of American democracy, especially when combined with the earlier indictment against the Internet Research Agency. For….. To continue reading this legal news please click Read full information...

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Uncastrated Pigs, State Liability and Limitation Periods: Case C-445/06

The principle of State liability for loss and damage caused to individuals as a result of breaches of EU law for which the State can be held responsible is now very well established (Joined Cases C-6/90 and C-9/90 Francovich and….. To continue reading this legal news please click Read full information...

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The right to collective bargaining and the worker category in the UK

Matthieu VicenteThe Independent Workers’ Union of Great Britain (IWGB) submitted an application to the Central Arbitration Committee (CAC) in order to be recognized for collective bargaining in North London. In November 2017, the CAC’s decision denied the “Roos” the right to negotiate their working conditions to the following extent: they are not workers. The reasoning developed by the CAC is somehow ambivalent. Firstly, the CAC determined the status of the Deliveroo couriers in line with a well-established case-law. The CAC noted that Deliveroo is an archetypal example of platform-based work relations, a model which reinforces the tri-partite taxonomy of work relations. The intermediary category of worker have hitherto seemed to be fitted to the model of digital intermediation of work, since many UK judges have repeatedly proceeded to requalify platform gig-workers, from independent contractors to workers. However the CAC faced a substantial difficulty:….. To continue reading this legal news please click Read full information...

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What Denying Asylum On Grounds Of Domestic Violence Means For Survivors

In the Matter of A-B- the government disqualified domestic violence claims as a basis of asylum except on narrow grounds. Those grounds will be near impossible for most asylum applicants to prove. The opinion demands that "An applicant seeking to….. To continue reading this legal news please click Read full information...

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What Are the Legal Pathways for Central Americans to Enter the U.S.?

The conventional wisdom about immigration suggests that the migrants arriving at the U.S.-Mexico border are cheating the system, “skipping the line” or otherwise blatantly breaking the rules. The United States is a country of laws, the thinking goes, and hopeful migrants should not be allowed to enter unless they do so legally. But what are these legal options? We decided to try to answer this question by looking at the categories for visas to the United States and the availability of these options for the 162,000 Central Americans who arrived at the U.S.-Mexico border in the past fiscal year. First, there is no simple description of the Central Americans who seek to leave their countries and travel to the United States. Migrants from El Salvador and Honduras often come from larger cities, where gang violence is rampant, while those from rural areas in Guatemala often note family or domestic violence as a driving factor. Migrants from across the highlands of….. To continue reading this legal news please click Read full information...

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