USA

Derecho Constitucional / Constitucional Law

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derecho_01Supreme Court holds Congress may retroactively take property into trust for Native American tribes              

Source: Jurist

February 27, 2018

-United States-

[JURIST] A plurality of the US Supreme Court [official website] on Tuesday held [opinion, PDF] that Congress possesses the legislative powers to retroactively immunize the Secretary of the Interior (Secretary) from suit for taking property into trust for the benefit of Native American tribes. Leer el resto de esta entrada »

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Derechos Constitucional / Constitucional Law

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derecho_02Supreme Court holds detained immigrants have no right to periodic bond hearings  

Source: Jurist

February 27, 2018

-United States-

[JURIST] The US Supreme Court [official website] on Tuesday held 5-3 [opinion, PDF] that Chapter 12 of Title 8 of the US Code [text, PDF] does not afford detained immigrants, including permanent residents, “the right to periodic bond hearings” and that the US Court of Appeals for the Ninth Circuit [official website] misapplied the canon of constitutional avoidance [Cornell LII backgrounder] in imposing an implicit six-month time limit on an alien’s detention under chapter 12. Leer el resto de esta entrada »

Derecho Constitucional / Constitucional Law

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usaSupreme Court rejects victims’ claims to collect damages from Iran   

Source: Jurist

February 22, 2018

-United States-

 [JURIST] The US Supreme Court [official website] on Wednesday declined to allow [opinion, PDF] victims of a terrorist attack to collect damages from Iran through attaching government property present in the US. Leer el resto de esta entrada »

Derechos Humanos / Human Rights

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usaUS ends participation in UN’s global compact on migration

Source: Jurist
December 04, 2017

-United States-
[JURIST] US Secretary of State Rex Tillerson [official profile] on Sunday informed[statement] the UN of the US’ withdrawal from participation in the UN process to develop a Global Compact on Migration (GCM) [official website]

The GCM is the first, intergovernmentally negotiated agreement “to cover all dimensions of international migration in a holistic and comprehensive manner.”

Tillerson’s decision to withdraw cites “inconsistent” policy goals between the US and the GCM, as the GCM negotiation process will be based on the New York Declaration [text,PDF], a non-binding document adopted by the UN in 2016, which lists strict commitments that emphasize refugee and migrant assistance and immersion, specifically ensuring education and jobs.

In regards to both the GCM and New York Declaration, Tillerson stated:
While we will continue to engage on a number of fronts at the United Nations, in this case, we simply cannot in good faith support a process that could undermine the sovereign right of the United States to enforce our immigration laws and secure our borders.

This decision is consistent with the Trump administration’s immigration platform, and states that it is the “primary responsibility of sovereign states to help ensure that migration is safe, orderly, and legal.”

Derecho Internacional/ Internacional Law

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IMG_0649Source: IntLawGRRLS

Will China force the USA’s hand to revisit the Law of the Sea Convention?

On 28th May, US President Barack Obama again called upon the US Senate to ratify the UN Convention on the Law of the Sea 1982 (LOSC), following tension in the South China Sea. This area of the ocean is notoriously problematic, with China claiming sovereignty over almost all of the South China Seas and failing to recognise any rival claims from neighbouring States, such as Vietnam and the Philippines. Conflict appears to have been renewed afresh when Vietnam reported that a Chinese flagged vessel had intentionally struck two of its ships in the area at the beginning of May.

Although China has ratified the LOSC, it asserts that it has a historical claim over disputed islands that pre-date the 1982 treaty. On 1st June, the Deputy Chief of the General Staff of the People’s Liberation Army, Wang Guanzhong, speaking in the Shangri-La Dialogue, maintained that the Convention was “not the only point of reference” in adjusting sovereignty over islands and seas, strongly suggesting that mounting disputes and its membership of the Law of the Sea Convention would not cause it to reconsider the infamous ‘Nine Dash Line’ that demarcates its claim to the South China Sea. It takes this stance despite the fact that the Philippines filed a case with the International Tribunal on the Law of the Sea in March challenging its sovereignty (China having already made known its refusal to take part in any such arbitration). Leer el resto de esta entrada »