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23.11.20

I am trying to listen to my lectures in different positions and places because the most annoying thing in zoom uni is sitting at your desk everyday. The same environment and like feeling eeeevery day… Maybe I’ll buy myself pretty flowers to make my desk look pretty.

Enjoy my legs.

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I’ve been so busy these days with quizzes, assignments, presentations, and tests.

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p/s have you watched BTS’s new comeback?

I’m in love with “life goes on” sooo much and I must say that their music has never disappointed me.

Thank you, BTS, for bringing me happiness during this sad and stressful days.

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Tuesday  is when we have seminars from the three main professional subjects. For the first time in 3 months, I am answering tomorrow, having finally gotten treatment for my anxiety/ADHD symptoms. It’s 3 PM already but I do think I can manage to get all three done, if I don’t lose focus. Pending:

Theory of State and Law- ¾

 History of State and Law of Foreign Countries- ½

History of Native State and Law- 1/5

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I hate how seriously undiagnosed ADHD impacted my entire life and specifically my college “career”. It sucks that there’s still a huge stigma surrounding it mostly due to the fact that it’s been shown to be over diagnosed in boys. So many women have struggled with it their whole childhood to early 20′s before a diagnosis and now if they want to explain it to any kind of admissions for higher edu, it just looks like a fake excuse to compensate for “immaturity” or laziness but its NOT. Not to bag on boys/men bc its not the individual child’s fault but it sucks that the stigma comes from the fact that its been proven that a lot of young boys were over diagnosed with the hyperactive type of ADHD when it was actually immaturity

Now if I write an addendum about my previously undiagnosed ADHD, especially how I’m not on any medication, it will literally just look like a common fake excuse to explain away the legitimate struggles that were TEXTBOOK ADHD I had my freshman/sophomore year (honestly all 4 years but I finally eventually pulled it together) that unfortunately on paper really looks like it can be summed up by “was not ready for college” or just plain “laziness” which it was not.

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22.11.20// this week vs this time last year. The views are very different, the free time is very different and the coffee isn’t even close to as good haha
My desk is getting messier as deadlines get closer 📖📝

IG: flatneedledistillery

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Throwback memory of how my Tax professor introduced Moot Court to us:

Tax Professor: If you don’t know what Moot Court is you can watch “On the basis of sex.”

The class: …

Tax Professor: Its not a porno

The class: *relieved/awkward laughter*

Tax Professor: Its a movie based on the life of Justice Ruth Bader Ginsberg. There’s a moot court scene there.

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Maybe it’s because I lived with an addict for many years but I have never felt the need to turn to alcohol or drugs. That VAST amount of substance abuse in the US and even more particularly in law schools is absolutely insane.

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Hello Anon, thank you for the question. I’m not sure if you are the same anon who asked me about refugees (please tell me if you are or not).

First to answer which I would personally prefer: No matter which definition I would personally prefer, in practice my opinion wouldn’t really matter since unless I’m hired to be the PIL lawyer of a member state to the ECHR, the definition of torture under the ECHR is only really applicable to those states and not to all through jus cogens and customary international law. While it is jus cogens to not conduct torture, in practice its nitty gritty details on what torture actually entails, is up to the state and which treaties and agreements it chooses to bind itself to.

Having said that, I do agree with the more detailed version found in the ECHR. But I also understand the need for vagueness among treaties because not all states have the same culture as Europe. To some states, a detailed account of what counts as torture may be stifling to what they consider as just given their culture. To some it may be empowering. To some, its redundant because their culture shows them that its already part of the rule in itself of not torturing without the need of it to be spelled out even further. To me what is important is do the states themselves implement this successfully?

Second, to your question of what my definition of torture is: As a student of the law, I’ll have to make my basis on what applies to mostmif not all states in general. And that definition is in the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Article 1

1. For the purposes of this Convention, the term "torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.“

You may make the argument that because the prohibition against torture is Jus Cogens and any agreement or treaty that doesn’t comply with Jus Cogens is void. However based on the general meaning of the second paragraph of Art. 1 it allows states to add more to the definition of torture under paragraph 1 because paragraph 1 is not just the definition but the bare minimum standard of the prohibition against torture.

This means that states may agree to only add but not to remove from this definition of torture. And while there are some states who have made reservations to what the definition of torture is, they still cannot (legally at least) make a reservation against the general intent of the convention which is to prevent torture and unnecessary inhumane treatment.

Ultimately, this definition provides for the general and bare minimum in PIL of what torture is and is generally applicable to most states. I won’t pretend to know why in the US the death penalty is still allowed nor will I know why more states have not further defined or clarified what counts as torture. While torture is universally prohibited through Jus Cogens and customary international law, in practice it is still bound by what a state culturally considers as just and if that includes humane means. And this in itself is tied to the nature of PIL of obtaining and respecting a state’s sovereign boundaries while binding states to things which are at the very least near universally true.

If you disagree or want further clarification, feel free to DM me.

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Hi anon, thank you fpr sending me an ask. I’d like to first put a disclaimer that: 1.) I’m not American and know little to nothing in depth about american political issues; and 2.) Its been awhile since I’ve last heard of the immigration policy of the Trump administration since I don’t really follow it in depth and only catch the news about it on several media outlets but I haven’t read the policy itself.

The controlling convention (or multilateral agreement) that governs the definition, obligations and rights of refugees is the 1951 Convention relating to the status of refugees. The UNHCR summarizes it as

“A refugee, according to the Convention, is someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.”

Or if you want the verbatim text.

(2) As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

In the case of a person who has more than one nationality, the term “the country of his nationality” shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.“

However under Art. 1 of the convention (the same article that gives the definition of refugees) there are instances wherein the convention and definition of a refugee ceases. These include the following (I’m going to summarize because the verbatim text is long):

1.) When the circumstances that caused that person to flee and avail of a refugee status have ceased and the same person:

A.) Avails of the national protection (in the form of which nationality to avail of) of either the state of origin or to the new state of residence (or even another state apart from the 2); or

B.) If the stateless individual is able to return to the state of habitual residence (meaning not necessarily as a citizen but rather as a resident).

2.) If the person has committed a crime against peace, a war crime, crime against humanity, a serious non-political crime outside of the country of refuge, or is guilty of any acts that are contrary to the goals and purpose of the UN.

This is the legal definition of a refugee. But refugees are not the same as Asylum seekers. Citing the UNHCR’s Glossary and "UNHCR Protection Training Manual for European Border and Entry Officials” Asylum seekers (or prima facie refugees) are those who are seeking protectiin through the refugee procedure and whose status has not yet been finalized or approved. Not all will be granted refugee status but all refugees have been asylum seekers.

Should there be a difference between Asylum seeker and refugee? Legally yes, to afford the state now taking care of the influx of new people the chance to see if they have enough resources and space for them without sacrificing the welfare of their citizens. Not all states have enough resources after all.

Having said that, in practice the differences between these two terms is more political and instead gives some developed states the excuse of not accepting those who seek protection under international law.

From what I know of Trump’s policy (again I haven’t read it in-depth), it seems very anti-refugee and immigrant. Not wanting to spark a political war in a state I’m not a citizen of: policies like these is up to the state itself. But it does break my heart and I do pray and hope that these people who are affected would either be in a better place or the conflict in their home state ceases so that they may return without fear. I guess I’m biased to be for the refugees because my own family has its origins from refugees fleeing from communist China. My grandfather and his immediate family fled to my country to escape the persecution of the Mao administration who was persecuting intellectuals, and he himself became a PIL lawyer. But at the same time I also understand the state’s need to protect its resources since you cannot give what you don’t have.

At the end of the day, its all about balance.

If you would like to have more in depth discussions with me, feel free to DM me since there’s so much more but I don’t want to simply post verbatim texts here without answering your questions.

Also I don’t really know if I’m a Burr or a Hamilton but I hope to be Angelica 🥰

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Hello guys, to anyone who is following or reading me. I would just like to announce that I am OFFICIALLY PART OF MY SCHOOL’S JESSUP MOOT COURT TEAM!

For those who don’t know what it is (and this is a very crude description of it) - Its a really fancy role play of being a state’s lawyer in an international tribunal.

Now its exciting this year because its about what 2 fictional developed countries (Aprepluya and Ranovstayo) would do for COVID-19 (or rather the J-VID 18 virus).

For obvious reasons I won’t say which side I’ll be in. But just to keep my Public International Law (PIL) knowledge in check. I hereby declare my ask box open for any PIL questions. It could be as basic as “What is PIL?” to “When does a practice become customary international law?”

DISCLAIMER: I am not a (public international law) lawyer yet. These are just to provide general knowledge and any questions regarding an actual state’s international relations shall not be entertained.

Also questions and possible arguments about possible arguments for the Jessup Moot court competition shall not be entertained (I can point you to a direction which may answer your questions, but I will not provide the answers for you since I’m also going to be in this contest).

Having said that, I will be saying what happened to me here. And if you think you have met me in the competition please DM me because I don’t want my actual legal name to be known to tumblr.

This isn’t related to ikemen, or sam❤Tim Scam, or to my baby eclectic witch journey. But I would like to tag these people for due notice: @delicateikemenmemes @cresenta-lark-the-other-blog @nad-zeta @fairy-marshmallow @kun-eh-o

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2020.11.20.

Two days ago I realised that the exam season is really close and I have to start study

I didn’t study a lot in this semester and I now I realised that it was a big mistake, because my classes harder than the previous semester and I have to learn a lot of things before exam season.

Today I studied Civil law all day and I really enjoyed it. I should have started earlier. I hope that I can study this 600 pages and get a good grade.

I pray to Iustitia for help

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HAPPY 1ST BIRTHDAY TO ME!

What a year it’s been. Thank you to my 1300 followers, for keeping me company through this insane ride that is 2020. I am beyond grateful for all the love and support you show me. See you all in another year! Xoxoxoxoxoxo

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19.11.20// red details in Prague and Cambridge. How I miss travelling and visiting new parts of the world.

IG: flatneedledistillery

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9:53am ; 19 nov 2020

still so happy with how my little fox turned out :)

i also received my second grade of the semester and i got a 19/20 !! i am still in shock lol, it’s so motivating to be rewarded for your work, especially in these hard times !

hope everyone is healthy and doing good !!

autumndesk
autumndesk
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