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21 Dec Migrant Crossings in the Channel: Non-Assistance, Securitisation, and Accountability Under International Law
does not set out a default State of disembarkation but requires coastal States to cooperate in ensuring the prompt disembarkation of rescued persons. As a UN High Commissioner for Refugees (UNHCR) spokesperson has highlighted, “once a boat enters UK territorial waters, the UK’s primary responsibility for search and rescue is triggered.” While primary responsibility to coordinate search and rescue activities falls on the State competent for the Search and Rescue (SAR) region, neighbouring coastal States are bound by a duty to cooperate under the International Convention for the Safety of...25 Nov Alpha, Bravo, Charlie: Nixon and Kissinger’s Search for Limited Nuclear Options
Recently declassified documents at the National Security Archives show how President Nixon and Henry Kissinger were concerned that U.S. nuclear strategy was basically only a single option: Mutually Assured Destruction. The documents show how a mix of moralism, strategy, bureaucratic politics, and even Watergate drove the National Security Council to grapple with the idea whether there could be a limited nuclear war. It is the story of how the Single Integrated Operational Plan or SIOP was reconsidered during the Nixon Administration and how its three target packages—Alpha, Bravo,...11 Jun The Minimum Core of Economic and Social Rights: A Concept in Search of Content (abstract)
Within the catalogue of rights—whether conceived in constitutional or international terms—economic and social rights are said to be especially indeterminate. This Article inquires into the conceptual foundations of a minimum core of economic and social rights. This concept of the minimum core has been applied to provide determinacy and even justiciability to the rights to food, health, housing, and education, and also (most ambitiously) to give substance to minimum legal obligations in both national and global distributive justice debates. This Article brings together the methodological insights of comparative constitutional law...05 Dec Cyber Operations and GCII Article 18’s “End of Engagements” Clause
...considerations as a justification for not undertaking search and rescue activities.” Thus, determining the exact scope of the temporal requirement is vital. Fortunately, the updated commentary provides guidance on interpreting the temporal clause of Article 18. Para 1655 provides that “the term ‘engagement’ is ‘a battle between armed forces’, i.e. involving the use of methods and means of warfare between military units of the Parties to the conflict.” Pre-empting the question of whether the methods and means are limited to the naval forces, the commentary suggests it “covers any kind...
11 Mar Why 2+4 Does Not Always Add Up: In Search of NATO’s Non-Enlargement Promises
[Julia Emtseva is a Research Fellow at the Max Planck Institute for Comparative Public Law and International Law and Paul Emtsev is an independent public communication expert.] For Russia, the current war in Ukraine rests on the assumption that NATO’s Eastern enlargement is a threat to the country. For several months, Russian President Vladimir Putin has warned the West that deploying weapons or soldiers to Ukraine would cross a “red line”. The general Russian criticism of NATO’s enlargement is much older. For many years already, Russia claims that NATO’s enlargement...11 Jun Commentary on Katharine G. Young’s article: The Minimum Core of Economic and Social Rights – A Concept in Search of Content
...founded but this is inconsequential for the approach she advocates is a sound one that, and to repeat myself, deserves much consideration by scholars within the field if we are to move socio-economic rights and social justice beyond the facade of academic rhetoric. Ultimately, Arrighi and Robinson-Harris still believe that the cyclical rise and fall of great powers at the hands of other great powers determines global capitalism’s evolutionary course. Social movements would likely dispute this claim – and the scholarly treatment of the impact of social movements on regulatory...
28 Jun The Crime of Ecocide in Action
...exports. So the hypothetical isn’t that hypothetical. Let’s also stipulate, in order to hone in on the unlawful/lawful distinction, that operating the proposed coal field and coal-fired power plant would involve a substantial likelihood of causing either widespread or long-term severe damage to the environment (it’s almost certainly both) and that the perpetrator — the CEO of the coal company — was aware of that substantial likelihood when he authorized the project. Is the CEO guilty of ecocide? I don’t know of any binding rule of international law, conventional or...18 Apr Kony 2012: Seven Questions about Social Media Campaigns and International Law
...videos go viral; not all advocacy campaigns that use social media succeed in creating such a buzz. Even when we do see a short-term awareness-raising effect, it’s not at all obvious that this creates any long-term, lasting impact on social interest. According to data from Google Insights, searches for the term “Joseph Kony” did spike dramatically in the days after the KONY video’s release, but afterward they petered off to the same level as before. The same is true for search terms like “war crimes,” “child soldiers” and “international criminal...02 Jun Events and Announcements: 1 June 2020
conference settings; and be able to design and implement outreach programs and represent ASIL publicly before its many U.S. and foreign constituencies. Terms. ASIL’s Executive Council will appoint the new Executive Director to an initial term of three years, with the possibility of reappointment to a second term of up to five years, and a competitive reappointment to a final term up to a combined 12-year term limit, as prescribed by ASIL’s constitutive documents. The position is full-time and requires residence in the Washington, D.C. area and authorization to work...