...the same as it was then. The other obvious difference, encapsulated in these examples, is the nature of the contemporary asymmetric conflict and especially the highly contested contours of the contemporary
battlefield. A conflict that seems to bleed over to many discrete locations that are neither subject to pervasive armed conflict nor are belligerently occupied makes the extraterritorial application questions far harder, but also far more pertinent. In short, I think Marko is right to argue that there has been a sea change in thinking about human rights, and that...
02.12.11
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Kal Raustiala
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