This is Borderlines from Berkeley Law, a show about global problems in a world fragmented by national borders. Our host is Katerina Linos, Tragen Professor of International Law and co-director of the Miller Institute for Global Challenges and the Law. Katerina has spent 15 years researching how nations make war with one another, spreading devastation. But she has also seen how countries work together to build global institutions and learn from one another. She has met brilliant scholars, visionary leaders, brave advocates, and Machiavellian strategists. In each episode of Borderlines, Professor Linos invites three experts to discuss cutting edge issues in international law. Hosted on Acast. See acast.com/privacy for more information.
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European Union Court of Justice Series: Interview with Advocate General Anthony Collins (01:01:09)
Episode #15 of the Borderlines CJEU Series features CJEU Advocate General Anthony Michael Collins in conversation with Professor Mark Pollack (Temple University). Appointed by the Member States as Advocate General to the Court of Justice in 2021, where he served in that role until 2024, Advocate General Collins’s career also includes work as a référendaire at the Court of Justice, as a judge at the General Court of the European Union, and as a Barrister-at-Law and Senior Counsel at the Bar of Ireland. The interview features Advocate General Collins’s incisive perspective on the broader set of legal issues and challenges facing the Court today. Learn how the General Court of the European Union is both different from and similar to the CJEU, and gain a rare inside glimpse into cases such as C-204/21, Commission v. Poland (4) and its relationship to Article 19 of the Treaty on European Union. The singular role of Advocates General at the Court is further elucidated for listeners.About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling the Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
European Union Court of Justice Series: Interview with Judge Eugene Regan (00:56:19)
Episode #14 of the Borderlines CJEU Series features CJEU Judge Eugene Regan in conversation with Professor Katerina Linos. Judge Regan has served at the Court of Justice since October 2015, following a distinguished career in agricultural policy and as a Barrister in Dubin and member of the Irish Senate. In the interview, Judge Regan shares insights into the impacts of the United Kingdom’s 2020 withdrawal from the EU (“Brexit”) on Europe and the Court. He also educates on differences between common and civil law approaches to jurisprudence, the CJEU process for drafting single collective rulings and paths for cases to reach the Court, and the prominent role of Judge Rapporteurs. Cases discussed cover issues of national and international resonance, including border controls, rule of law enforcement, balancing privacy rights and public security, and the role of courts in examining and regulating governmental legislation.About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling the Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
European Union Court of Justice Series: Interview with Advocate General Juliane Kokott (00:46:25)
Episode #13 of the Borderlines CJEU Series features CJEU Advocate General Juliane Kokott in conversation with Professor Katerina Linos (Berkeley Law) and Professor Mark Pollack (Temple University). Appointed to the Court of Justice in 2003 after a prolific and distinguished academic and professional career, Advocate General Kokott has delivered nearly 700 case opinions as of this episode’s publication. The interview illustrates the Court’s impactful role, covering cases on regulating EU industry with major U.S. firms, wearing religious garments in the workplace, and pregnancy rights in the case of surrogacy. Listeners will glean a better understanding of the Advocate General’s unique role at the Court, and hear Advocate General Kokott discuss the Court’s enlargement and shift away from reviewing technical matters, two important changes that have occurred in the Court during her tenure.About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling the Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
European Union Court of Justice Series: Interview with Advocate General Nicholas Emiliou (00:48:30)
Episode #12 of the Borderlines CJEU Series features CJEU Advocate General Nicholas Emiliou joining Professor Mark Pollack (Temple) in conversation. Advocate General Emiliou was appointed as an Advocate General at the Court of Justice of the European Union in October 2021, following a long and illustrious academic and diplomatic career. In this episode, Advocate General Emiliou reflects on his decision to pursue his current role, highlighting the intellectual freedom it grants him to express independent legal opinions on complex and politically sensitive cases. He also offers insight into how his extensive diplomatic experience informs his approach at the CJEU and examines how the Court addresses key contemporary issues, such as migration, asylum policy, and the protection of fundamental rights.About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling the Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.For a full transcript, show notes and links, please visit the episode page on the UC Berkeley Law Podcast Hub. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
European Union Court of Justice Series: Interview with Judge Siniša Rodin (01:01:32)
Episode #11 of the Borderlines CJEU series features Judge Siniša Rodin in conversation with Professor Katerina Linos (Berkeley). Appointed as a Judge at the Court of Justice in 2013, Judge Rodin discusses his remarkable career, ranging from becoming a distinguished Professor of EU law at the University of Zagreb to serving as a member of Croatia’s Constitutional Amendment Committee. Intertwined with Judge Rodin’s experiences is a discussion of Croatia’s accession to the EU, and how from Judge Rodin’s perspective, EU membership initially felt like “science fiction.”Listeners will come away with a better understanding of the European Citizens Initiative and specifically, the case One of Us and hear about the Court’s role interpreting “gray zones” between the powers of the EU and exclusive competences of the Member States. Judge Rodin also covers current trends impacting the Court, such as anonymizing cases with invented names and increase in length of judgments. About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling the Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg. For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
Reimagining Democracy with George Papandreou (00:35:34)
Episode 36 of Borderlines brings former Greek Prime Minister George Papandreou into dialogue with host Professor Katerina Linos, to share visionary insights about authoritarian threats undermining global democracy and citizen-centered solutions. Currently serving as Rapporteur for Democracy at the Council of Europe, Mr. Papandreou discusses his storied family of leaders in Greece and the United States and surviving violent coups, rightwing cabals and austerity crises. Listeners will learn about his diplomatic advances while Foreign Minister which helped humanize relations between Greece and Türkiye, and how innovating on the values of ancient Greece as the world’s first democratic state could counter today’s polarization. Mr. Papandreou made major (if ultimately unsuccessful) efforts to resolve the “Cyprus problem” – a topic Professor Linos discusses with him in this interview and during her interview with CJEU Judge Lycourgos, who similarly worked on this complex issue.Berkeley Law’s Borderlines features exclusive content with the world’s most influential legal minds. Check out the ground-breaking European Union Court of Justice profiles series and recent interviews with former top international court leaders, ICJ President Donoghue and ICC President Hofmański. Be sure to subscribe so you don’t miss an episode!For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
European Union Court of Justice Series: Interview with Advocate General Jean Richard de la Tour (00:33:00)
Episode #10 of the Borderlines CJEU series features Advocate General Jean Richard de la Tour in conversation with Professor Mark Pollack (Temple). Advocate General Richard de la Tour was appointed to the French advocate-general seat at the Court of Justice in March 2020 and reappointed in 2024.In this episode, listeners will learn about the rigorous process of appointment to the CJEU and the unique responsibilities of an Advocate General. The conversation also highlights cases involving gender identity rights, data privacy violations, the criteria for granting or revoking refugee status, the political rights of non-national EU citizens, and the protection of the rights of asylum seekers. Advocate General Richard de la Tour also shares his views on the evolving role of the CJEU in safeguarding fundamental rights, the growing importance of data protection, and potential future cases involving artificial intelligence.About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling the Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
European Union Court of Justice Series: Interview with Judge Octavia Spineanu-Matei (00:30:31)
Episode #9 of the Borderlines CJEU Series features CJEU Judge Octavia Spineanu-Matei in conversation with Professor Mark Pollack (Temple University). Judge Spineanu-Matei was appointed to the Court of Justice in 2021, after serving since 2016 as a Judge on the General Court. Judge Spineanu-Matei previously served as a justice in the Romanian judiciary for over 25 years. Judge Spineanu-Matei discusses her robust career path, highlighting major moments such as her first case concerning EU law, Circul Globus, and the process of appointment to the CJEU, being first chosen at the national level then vetted by the Article 255 Committee.About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling the Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
European Union Court of Justice Series: Interview with Judge Constantinos Lycourgos (00:48:44)
Episode #8 of the Borderlines CJEU Series features CJEU Judge Constantinos Lycourgos in conversation with Professor Katerina Linos (Berkeley). Appointed as a Judge at the Court of Justice in 2014, Judge Lycourgos has served as President of Chamber there since October 2021. His interview highlights major points in Cyprus’s history and entry into the EU, the roles played by the Judge Rapporteur and Advocate General at the Court, the decision-making process and how the Court “walks the line between EU and national competences,” and why nearly all major European crises ultimately find their way before the Court.About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling the Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
European Union Court of Justice Series: Interview with Judge Lucia Serena Rossi (00:35:06)
Episode #7 of the Borderlines CJEU Series features Judge Lucia Serena Rossi in conversation with Professor Katerina Linos. Upon her nomination by Italy, Judge Rossi served at the CJEU from October 2018 until October 2024, and brought extensive expertise in EU law to the role. She notably served as President of the 8th Chamber from 2020 to 2021 and the 9th Chamber from 2022 to 2023.About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
European Union Court of Justice Series: Interview with Judge Ineta Ziemele (00:56:31)
Episode #6 of the Borderlines CJEU Series features CJEU Judge Ineta Ziemele in conversation with Professor Katerina Linos (UC Berkeley Law), with additional commentary by Professor Mark Pollack (Temple University).Judge Ziemele was appointed as a judge at the Court of Justice (ECJ) in October 2020, a position she has held since then. Her previous service as a judge and President of Chamber at the European Court of Human Rights in Strasbourg and as judge and President of the Latvian Constitutional Court provides an unprecedented perspective on the world and the ECJ. Judge Ziemele has also written as an academic about judicial dialogue, a crucial component between Europe’s highest Court and Member States’ national courts.Find the full transcript and links on this episode page. Thanks for listening! Hosted on Acast. See acast.com/privacy for more information.
Interview with Advocate General Ćapeta (01:20:44)
Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg. Episode #5 features CJEU Advocate General Tamara Ćapeta discussing her opinions and perspective with Professor Linos and Professor Pollack. Advocate General Ćapeta was appointed as the first Croatian Advocate General to the European Union Court of Justice in October 2021. She illuminates the role’s crucial function in Chambers which issue only unsigned, unanimous decisions. Advocates General write opinions and typically offer solutions in novel cases to help Judges grapple with the issues. Advocate General Ćapeta explains why it’s both solitary and liberating to express her solo views on crucial legal issues before the Court.For full shownotes and a transcript, please visit the episode page on the Berkeley Law podcast hub. Hosted on Acast. See acast.com/privacy for more information.
Historical Gloss and Foreign Affairs (00:52:40)
Episode 29 of Borderlines features distinguished scholar Professor Curt Bradley (Chicago) discussing his new book, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (Harvard University Press, 2024). Berkeley Law professor and Borderlines guest host Elena Chachko brings her foreign relations and administrative law background to guide this fascinating interview. In the more than two centuries since the U.S. Constitution was adopted, the constitutional law that governs how the United States interacts with the rest of the world has evolved significantly. This evolution did not come about through formal amendments to the text of the Constitution or even through U.S. Supreme Court rulings. Instead, it came about primarily through the actions and interactions of Congress and the executive branch, as they responded to the changing nature of both the United States and the world environment. Listeners will learn how and why the law governing the separation of powers, covering topics such as the making of “executive agreements,” the termination of treaties, and the waging of war, has been developed over time through historic governmental practices, rather than through judicial decisions or constitutional redrafting. In his 1952 concurrence in the Youngstown steel seizure case, Justice Felix Frankfurter invoked the term “the gloss of history” to describe this phenomenon. Professor Bradley’s pioneering research illuminates the role of historical practice, or gloss, to justify both expansions of, and limitations on, presidential and legislative power relating to foreign affairs. The conversation brings fresh insights about the role of courts, the U.S. legal system’s relationship with international law, and “undeclared” U.S. military conflicts such as the Korean War and the “war on terrorism.”Be sure to follow Borderlines on Apple Podcasts, Spotify, or wherever you get your podcasts to be notified about upcoming episodes. And please rate us on your favorite podcast app – it helps other people find our show and lets us know how we are doing. Thanks for listening!For a full transcript and more show notes, please visit this episode page in the Berkeley Law podcast hub. Hosted on Acast. See acast.com/privacy for more information.
CJEU Episode #4: European Union Court of Justice Series Interview with Vice President Lars Bay Larsen (00:47:22)
Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg. Episode #4 of the Borderlines CJEU Series features CJEU Vice President Lars Bay Larsen of Denmark. Vice President Bay Larsen served as a Judge at the Court of Justice since 2006 upon being nominated by his home country, Denmark. He was elected by his peers to two six-year terms as Chamber President before being elected Vice President of the Court of Justice, the position he held from October 2021 to October 2024. Highlights of the interview include detailing the role of the Vice President at the Court and the use of interim and provisional measures; evolving Court decisions regarding privacy, security and technology; candid views on landmark cases such as Weiss and recent legislative policies like NextGenerationEU; and personal perspectives on taking time to find a career path and work-life balance. Berkeley Law’s Borderlines features exclusive content with the world’s leading international law experts. Check out recent interviews with former ICJ President Donoghue and ICC President Hofmański – be sure to subscribe so you don’t miss an episode!Please visit the episode page for a transcript and links to the cases and sources mentioned in the podcast. Hosted on Acast. See acast.com/privacy for more information.
CJEU Episode #3: European Union Court of Justice Series Interview with Vice President Thomas von Danwitz (01:14:14)
Episode #3 of the Borderlines CJEU Series features CJEU Vice President Thomas von Danwitz in conversation with Professor Katerina Linos (Berkeley) and Professor Mark Pollack (Temple University). Vice President von Danwitz has been a Judge at the Court of Justice since his nomination by Germany in 2006. Elected as President of Chamber by fellow Judges, he sat at the Court in that function between October 2012 and October 2018. In October 2024, Judge von Danwitz was elected by his peers to serve as Vice President of the Court of Justice. As the first guest welcomed back to conduct a second Borderlines interview, Vice President von Danwitz further develops his incisive observations regarding the CJEU’s fundamental role in Europe’s integration project. His renowned expertise on cases involving surveillance and the regulation of technology, and the role of the German Constitutional Court in dialogue with CJEU decisions, gives listeners a unique look behind recent impactful rulings. Vice President von Danwitz also reviews key Court concepts and functions such as judicial independence, injunction procedures, and the ongoing evolution of competences undertaken by Europe’s highest court. Berkeley Law’s Borderlines features exclusive content with the world’s leading international law experts. Check out recent interviews with former ICJ President Donoghue and ICC President Hofmański – be sure to subscribe so you don’t miss an episode! And please rate Borderlines on Apple Podcasts, Spotify, or your favorite app, which can help others find useful resources. Thanks for listening! Please see the episode page for a transcript, links to some of the cases and sources mentioned in the podcast, and selected speeches by Vice President von Danwitz for further research. Hosted on Acast. See acast.com/privacy for more information.
CJEU Episode #2: European Union Court of Justice Series Interview with President Koen Lenaerts (01:30:31)
Episode #2 of the Borderlines CJEU Series features CJEU President Koen Lenaerts in conversation with Professor Katerina Linos (Berkeley) and Professor Mark Pollack (Temple University). President Lenaerts has been re-elected to the Court’s top office by his peers three times since 2015, having served tirelessly since his nomination to the CJEU in 2003 by home country of Belgium. His interview traces the historic path to today’s Court of Justice, and illuminates differences from other courts, including the U.S. federal judicial system. Listeners will come away with an overview of the Court’s functions and structural methodology in interpreting the EU legal order, including the role of the President, the Judge rapporteur, and the Advocate General. Presidential responsibilities include assigning cases to Judges and presiding over the Grand Chamber to deal with the most important cases. New developments in case law, evolving technological access, and finding balance between unity and diversity, privacy and security, are addressed by the head of the EU’s judicial institution. Berkeley Law’s Borderlines features exclusive content with the world’s leading international law experts. Check out recent interviews with former ICJ President Donoghue and ICC President Hofmański – be sure to subscribe so you don’t miss an episode! And please rate Borderlines on Apple Podcasts, Spotify, or your favorite app, which can help others find useful resources. Thanks for listening! Please see the episode page for a transcript, links to some of the cases and sources mentioned, and selected speeches by President Lenaerts. Hosted on Acast. See acast.com/privacy for more information.
CJEU Episode #1: European Union Court of Justice Series Introduction to Europe’s Supreme Court with Erwin Chemerinsky (00:43:16)
Episode #1 of the Borderlines CJEU Series features UC Berkeley Law School’s Dean and Choper Distinguished Professor Erwin Chemerinsky in conversation with Tragen Professor Katerina Linos (Berkeley) and Freaney Professor Mark Pollack (Temple University), introducing a wider audience to the European Union Court of Justice. Dean Chemerinsky is one of the world’s top legal scholars, with decades of frontline expertise in constitutional law, from the classroom to presenting oral arguments before the U.S. Supreme Court. He is the author of twenty books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent major book, No Democracy Lasts Forever: How the Constitution Threatens the United States, was published in August 2024. Dean Chemerinsky also is the author of over 200 law review articles, as well as the host of More Just podcast. Together, these three leading legal educators introduce listeners to the form and function of the European Union Court of Justice, and contrast its civil law history and consensus methodology with the U.S. common law heritage utilizing dissenting opinions. Learn about the European Court of Justice’s traditions, scope, and unique Advocate General role. Glimpse behind the scenes of the massive EU case load in the Information Age, and compare fundamentals like sovereignty over states, the role of voting in chambers, and balancing accessibility and privacy.Berkeley Law’s Borderlines features exclusive content with the world’s leading international law experts. Check out recent interviews with former ICJ President Donoghue and ICC President Hofmański – be sure to subscribe so you don’t miss an episode! And please rate Borderlines on Apple Podcasts, Spotify, or your favorite app – it helps other people find our show and lets us know how we are doing. Thanks for listening!For a transcript of this episode, please visit the episode page on Berkeley Law website. Hosted on Acast. See acast.com/privacy for more information.
Behind the Bench with ICJ’s Former President Joan Donoghue (00:45:12)
Episode 24 of Borderlines features a rare look behind the scenes at the International Court of Justice with The Honorable Joan Donoghue (’81), recently retired president of the ICJ, in candid conversation with host Professor Katerina Linos. They discuss ongoing disputes, including South Africa v. Israel and the Chagos Archipelago advisory proceeding; key Court functions, such as provisional measures, advisory proceedings, and contentious case resolution between nations; and what it’s like to serve in this preeminent global arena. Established in 1946 to settle legal disputes between Member States and offer advisory opinions to UN organs and agencies, the ICJ is the United Nations’ top court, also known as the World Court. The International Court of Justice is made up of 15 judges, elected to nine-year terms without regard to nationality by the UN General Assembly and Security Council. Judge Donoghue remains one of Berkeley Law’s most distinguished alumni in the field of international law. She was selected for her qualifications, including high moral character, impartiality, and integrity, to represent the U.S on the Court in 2010, re-elected in 2014, and chosen by fellow ICJ judges as president in 2021. Before her judicial appointment in The Hague, Judge Donoghue had a long career at the U.S. State Department, cumulating in her role as Principal Deputy Legal Adviser advising Secretary of State Clinton and President Obama on all matters of international law. She also was Deputy General Counsel of the U.S. Treasury Department, overseeing every aspect including international financial institutions, and lead general counsel for Freddie Mac. She has taught international law courses at several law schools, including Berkeley. Judge Donoghue is the recipient of many awards, including Berkeley Law’s 2015 Riesenfeld Award, and is Honorary President of the American Society of International Law.For a transcript of this episode, please visit the episode page on Berkeley Law website. Hosted on Acast. See acast.com/privacy for more information.
International Law and the Israel/Hamas Conflict (00:47:14)
Episode 23 of Borderlines features our guest host, Chancellor’s Clinical Professor of Law Laurel E. Fletcher (Berkeley), in conversation with Professor of Practice Gabor Rona (Cardozo) on the Israel/Hamas conflict from an international law perspective. Fresh off of speaking at Berkeley Law on 22 February 2024 as part of a Bay Area campus lecture series on the crisis, Professor Rona sat down with Professor Fletcher to discuss the relevant frameworks of international law and its institutions, including the UN Charter and the Geneva Convention on Genocide, as well as current cases before the International Court of Justice regarding Israel/Palestine. Listeners will learn how the laws of armed conflict and international humanitarian law are invoked, how historically pressure is brought to bear on governments from international organizations and actors, and why the Red Cross/Red Crescent has been prevented from aiding both Israeli hostages and Palestinian civilians in Gaza despite human suffering. Students in particular will take away powerful lessons about the need to combat misinformation and to seek “justice for an eye” in their pursuit of peaceful solutions to war and violence. Professor Rona has worked in armed conflict settings for the International Committee of the Red Cross (ICRC), the UN Office for Coordination of Humanitarian Affairs (OCHA), and as International Legal Director at Human Rights First. He now teaches various international law subjects at both Cardozo and Columbia Law Schools. Professor Fletcher is the International Human Rights Law Clinic Co-Director and the Faculty Co-Director of the Miller Institute for Global Challenges and the Law at Berkeley Law. For a transcript of this episode, please visit the episode page on Berkeley Law website. Hosted on Acast. See acast.com/privacy for more information.
Sanctions in Comparative Perspective (00:44:39)
Host Professor Katerina Linos talks with three international law scholars on sanctions and their role in comparative perspective. Berkeley Law Professor Elena Chachko joins Professor Luis M. Hinojosa-Martínez and Professor Carmela Pérez-Bernárdez from the Department of Public International Law and International Relations at the University of Granada, Spain, for a frank look at international sanctions as a legal tool used by self-governing states via bodies like the UN Security Council, European Union, and the U.S. Treasury’s Office of Foreign Assets Control (OFAC). Listeners will come away understanding sanctions, and their intended goal to pressure change from countries – as well as individuals, companies, or organizations – causing violent wars, implementing harmful policies, or disregarding international laws. In the 21st century, recommendations have shifted toward restrictive measures, or so-called “smart sanctions,” targeting regimes rather than people. Discussion covers current and historic implementations of sanctions with an incisive review of successes and critiques. For further study, see, e.g., Enhancing the Rule of Law in the European Union’s External Action, Luis M. Hinojosa-Martínez and Carmela Pérez-Bernárdez (eds.), Edward Elgar, 2023 (Part III.A includes chapters dealing with “sanctions and the rule of law”); and “A Watershed Moment for Sanctions? Russia, Ukraine, and the Economic Battlefield,” Elena Chachko and J. Benton Heath, pp.135-139, and “Ukraine and the Emergency Powers of International Institutions,” Elena Chachko and Katerina Linos, pp. 775–87, in American Journal of International Law 116(4): Symposium on Ukraine and the International Order, AJIL Unbound, 2022; Elena Chachko and Katerina Linos (eds.), published as Open Access articles by Cambridge University Press on behalf of The American Society of International Law.For a transcript of this episode, please visit the episode page on Berkeley Law website. Hosted on Acast. See acast.com/privacy for more information.
ICC President Hofmański on Fighting Impunity (00:24:49)
Episode 21 of Borderlines features the president of the International Criminal Court, Judge Piotr Hofmański, sharing his unique perspective with host Katerina Linos, on the ICC’s role and mandate over twenty years since its historic founding in 2002. Elected an ICC judge in 2015 and voted president by his peers in 2021, President Hofmański guides listeners through the Court’s key responsibilities under the Rome Statute: prosecuting genocide, war crimes, crimes against humanity and the crime of aggression; giving victims a voice and just restitution; and preventing future atrocities. The conversation elucidates the relationship of the ICC to the United Nations and to national jurisdictions as a court of last resort. Challenges, successes, and criticisms are addressed, from the Court’s indictment of more than 50 individuals including heads of state, to the changing signatory and ratification positions of the United States, to ways technological developments impact evidence gathering and witness participation. Addressing the vital importance of fighting impunity, President Hofmański’s confidence in the collective power of international criminal law provides a path of optimism during troubled times and ongoing lethal territorial conflicts. Be sure to follow Borderlines on Apple Podcasts, Spotify, Google Podcasts, or wherever you get your podcasts to be notified about upcoming episodes. And please rate us on your favorite podcast app – it helps other people find our show and lets us know how we are doing. Thanks for listening!For a transcript of this episode, please visit the episode page on Berkeley Law website. Hosted on Acast. See acast.com/privacy for more information.
UN Human Rights Mechanisms and Anti-Black Racism (00:35:14)
Fourth in a four-part series of special Borderlines episodes with UC Berkeley Law guest hosts Professor Roxanna Altholz and Professor Laurel E. Fletcher shining a spotlight on human rights champions—all guest speakers in their Human Rights Practice Workshop course, where leading practitioners working in a variety of institutional settings share their struggles against corruption and impunity, the relationship between legal and social justice, and the future of human rights movements.Episode 20 of Borderlines showcases guest host Professor Laurel E. Fletcher, Co-Director of Berkeley Law’s International Human Rights Law Clinic and the Miller Institute for Global Challenges and the Law in conversation with Professor Justin Hansford (Howard) about his role as a member of the new UN Permanent Forum on People of African Descent.In the aftermath of the murder of George Floyd, in 2021 the United Nations established the Permanent Forum on Peoples of African Descent (PFPAD). This new, consultative body has a mandate to undertake a range of activities with the goal of “improving the safety and quality of life and livelihoods of people of African descent.” Professor Hansford shares his views about this new consultative mechanism, which addresses anti-Black racism as a UN platform, including its development, opportunities and challenges, and what was at stake in getting it approved and realized. He also examines reparations from a global and a US perspective, and discusses ideas for putting human rights strategy and practice into action in local marginalized communities.For a transcript of this episode, please visit the episode page on Berkeley Law website. Hosted on Acast. See acast.com/privacy for more information.
GQUAL Campaign for Gender Parity in International Representation (00:33:44)
Third in a four-part series of special Borderlines episodes with UC Berkeley Law guest hosts Professor Roxanna Altholz and Professor Laurel E. Fletcher shining a spotlight on human rights champions—all guest speakers in their Human Rights Practice Workshop course, where leading practitioners working in a variety of institutional settings speak about their struggles against corruption and impunity, the relationship between legal and social justice, and the future of human rights movements.Episode 19 of Borderlines features guest host Professor Laurel E. Fletcher, Co-Director of Berkeley Law’s International Human Rights Law Clinic and the Miller Institute for Global Challenges and the Law interviewing Professor Claudia Martin (American Univ. Washington College of Law) about her work founding and co-leading the GQUAL Campaign for gender parity in international law tribunals, courts, agencies and monitoring bodies.Topics covered include GQUAL’s origin and recent achievements, including a forthcoming Committee on the Elimination of Discrimination against Women/CEDAW General Comment, and strategies for building an inclusive transnational mobilization to change international institutions. Listeners will be inspired by Professor Martin’s journey in academia and activism, and her work changing the picture of women’s representation at the table applying, interpreting, and creating international law.For a transcript of this episode, please visit the episode page on Berkeley Law website. Hosted on Acast. See acast.com/privacy for more information.
Defending Water Protectors and Indigenous Rights (00:42:40)
Second in a four-part series of special Borderlines episodes with UC Berkeley Law guest hosts Professor Roxanna Altholz and Professor Laurel E. Fletcher shining a spotlight on human rights champions—all guest speakers in their Human Rights Practice Workshop course, where leading practitioners working in a variety of institutional settings speak about their struggles against corruption and impunity, the relationship between legal and social justice, and the future of human rights movements. Episode 18 of Borderlines features guest host Professor Roxanna Altholz, Co-Director of Berkeley Law’s Clinical Program and its International Human Rights Law Clinic, in discussion with Natali Segovia, Quechua, Legal Director, Water Protector Legal Collective and international human rights lawyer with extensive experience in criminal defense work and Federal Indian Law. Ms. Segovia shares the story about the Water Protector Legal Collective, a legal nonprofit, grew out of the No Dakota Access Pipeline resistance at Standing Rock and works to provide legal support and advocacy for Indigenous peoples and climate justice movements. Listeners will be enriched by powerful first-hand accounts of struggles to stop destruction of the environment and defend the rights of Native people affected by forced displacement, desecration of sacred lands, and human rights violations. Issues covered include leveraging of the UN Declaration of the Rights of Indigenous Peoples with the US framework; SLAPP suits and the criminalization of protest; and protecting cultural and tribal sovereignty against encroachment. For a transcript, please visit the episode page on the Berkeley Law podcast hub. Hosted on Acast. See acast.com/privacy for more information.
Corporate Accountability for Human Rights Abuses (00:48:19)
First in a four-part series of special Borderlines episodes with UC Berkeley Law guest hosts Professor Roxanna Altholz and Professor Laurel E. Fletcher shining a spotlight on human rights champions—all guest speakers in their Human Rights Practice Workshop course, where leading practitioners working in a variety of institutional settings share their struggles against corruption and impunity, the relationship between legal and social justice, and the future of the human rights movement. Don’t miss an episode – subscribe to Borderlines today!Episode 17 of Borderlines spotlights guest host Professor Roxanna Altholz, Co-Director of both Berkeley Law’s Clinical Program and its International Human Rights Law Clinic, in discussion with Paul Goodwin (’13) about his work with the United Nations Development Programme. The UNDP serves as the UN’s global development network dedicated to advocating for change and connecting countries to knowledge, experience, and resources. Mr. Goodwin works as a legal and policy analyst with the Social and Environmental Compliance Unit (SECU), the UNDP’s independent accountability mechanism tasked with ensuring the proper implementation and adherence to the UNDP’s Social and Environmental Standards. Listeners will come away educated about the role of UN-created international accountability mechanisms – their promise as well as limitations in halting corporate human rights abuses.Borderlines from Berkeley Law is a podcast about global problems in a world fragmented by national borders. Our host is Katerina Linos, Tragen Professor of International Law and co-director of the Miller Institute for Global Challenges and the Law. In each episode of Borderlines, Professor Linos invites experts to discuss cutting edge issues in international law.For a transcript, please visit the episode page on the Berkeley Law podcast hub. Hosted on Acast. See acast.com/privacy for more information.
