Search: crossing lines
15 Apr Questioning Political Commitments
...things along the lines of perceived credibility, which was supposed to be the dependent variable. With respect to “substance,” I thought two quite different concepts (normativity and precision) were crammed together, and that a two axis chart might have been better were they forced to share the space. As to “organization,” I found the ordering contestable: why commitments to future negotiations should be scaled higher than one-time commitments lost me at first, and tended to make sense only if it was shown varying with substance. As to “autonomy,” this was...
11 Jul Death by Omnibus? The European Commission’s Proposal and the Fate of the Corporate Sustainability Due Diligence Directive (Part II)
...two multi-stakeholder organizations), 40 Dutch companies, over 400 chief sustainability officers of French companies, and 10,000 German companies. State of Play in EU Institutions and Politics The Omnibus proposal has exposed significant rifts along familiar lines: The European Parliament’s center-left Socialists & Democrats (S&D) and Green parties want to preserve the CSDDD’s original purpose and scope, while the center-right European People’s Party (EPP), which formerly supported the CSDDD, now argues that deregulation will lower costs and shore up European competitiveness. In Parliament, rapporteur Jörgen Warborn (EPP and chief negotiator of...
13 Aug Climate Wars and Jus ad Bellum: Part I
...under Art. 42 of the Charter. When that fails, it is not that large of a leap to imagine states claiming a collective but unilateral right to threaten or use force against climate rogue states. Even just establishing the putative validity of such acition will be considered important as a means of shaping rogue state behavior. Force would be seldom if ever used, just as it has been rarely used against nuclear rogue states—and if used, it would be surgical strikes along the lines of the Israeli Osirak action in...
13 Aug Climate Wars and Jus ad Bellum: Part II
...Security Council is unlikely to authorize any use of force against climate rogue states, not least because many of the permanent members are among the worst contributors to climate change. There will be calls for other avenues of approval, such as through the General Assembly, along the lines of the Uniting for Peace Resolution. But we may also predict that there will be increasing pressure to expand the exceptions to the prohibition on the use of force in the jus ad bellum regime, either by relaxing the conditions for self-defense,...
01 Aug Options for a Peace Settlement for Ukraine: Option Paper XII – A Dynamic Political Settlement: Adapting to the Evolving Post-agreement Context
...recurrence of conflict can be avoided. For instance, one of the major stumbling blocks in the implementation of the Minsk agreements, was parties’ competing interpretation of the sequencing of local elections, with the central government claiming that such steps can only be undertaken following a full withdrawal of foreign forces, while Russia maintained that elections ought to be held without delay. Such avenues ought to include a clear alternative pathway out of a deadlock created by an inability to adhere to settlement timelines (‘fall-back mechanism’). While such timelines are critical...
10 Jul Conclusion to the Symposium on Art, Aesthetics and International Justice: The New Geometries of International Justice
...and suggestive of further discussion. There are three groups of comments that I want to address. Firstly, Tianying refers to the need for more research into the non-visual fields of perception and how they relate to international justice. Along similar lines, Elizabeth discusses the power of justice to move, speak and sing in some African traditions. Secondly, Jed and Sofia mention the often-held assumption that art belongs to the domain of the elites or, in the language of marketing, is a ‘nice to have’ and not an essential in rebuilding the...
25 Nov The Israeli Settlements Debate: Is the Creation and Enforcement of the International Norms a Multilateral or Bilateral Issue?
...bilateralism path comes with a caveat. No red lines of international legality should be passed as these are most notably marked by jus cogens norms. Moreover, States should be aware that the bilateralism path is slippery and can ultimately undermine humanity’s efforts to establish law and order in the international scene, having wider implications on the incentives of States to obey rules and decisions promoted by international multilateral bodies. To the extent that States know that, irrespective of what is decided in international fora, governments can get out of the...07 Sep Departing from Peace-time Standards – the Prosecutors’ Perspectives
...courts are incapable of trying those accused of terrorist acts. The positions of proponents and opponents fall mostly along party lines. Conservatives favor some form of special-purpose tribunal to the unprecedented challenges. Progressives play down the novelty of the al Qaeda threat. But what do experienced professionals think? In this case, this means prosecutors with relevant experience. On Monday, the New York City Bar will host a discussion to illuminate this question. What has been the experience of trying accused terrorists in federal district courts? Former US Attorney Mary Jo...