Search: crossing lines
07 Jun Obama’s Historic “Children of Abraham” Speech
...beyond the old system of imperialism, militant nationalism, and the balance of power. I cannot help but see the strong parallels with Obama. He has the genuine ability to speak directly to the people, and appeal to a better future, creating momentum for change that cannot be ignored by the stale leadership of the Middle East. Here is my outline of the seven key issues he discussed, together with the applause lines (averaging one per minute): Violent Extremism: We’re not at war with Islam, we are at war with extremists....06 Nov Seven Observations About the Oral Argument in Bond
...that theory United States v. Lopez might have come out differently because it was not “really disputed” in the Lopez case that the gun in question had crossed state lines. In Lopez, however, the defendant made a facial rather than an as-applied challenge to the statute and, more to the point, the government did not try to prove that the gun had crossed state lines. Indeed, the court of appeals in that case noted that “[c]onceivably, a conviction” under the statute “might be sustained if the government alleged and proved...20 Jan No Case to Answer? Show Me the (Standard of) Proof!
...Presiding Judge Tarfusser stated: “For all these reasons, the Chamber, by majority, hereby: Decides that the Prosecutor has failed to satisfy the burden of proof to the requisite standard as foreseen in Article 66 of the Rome Statute.” (Acquittal ruling, p. 4, lines 14-16) This statement is curious, as the burden of proof contained in article 66 concerns the threshold relevant to proving guilt, not whether the accused has a “case to answer.” Article 66 reads: 2. The onus is on the Prosecutor to prove the guilt of the accused....25 Jul Emerging Voices: The Old Woe of Contemporaneity and Cartographic Evidence in a New Bottle
[Arpita Goswami currently serves as an Assistant Editor to China Oceans Law Review, and is a Graduate Assistant at the South China Sea Institute, Xiamen University, P.R. China. The views expressed here are her own and have no connection whatsoever to the above mentioned organizations.] The recently concluded Bay of Bengal Maritime Arbitration Case between India and Bangladesh offers interesting insights into the application of the judicial pronouncements to the factual situation contemporaneous with it for determining the boundary lines and the usage of cartographic evidence in the same. This...
09 Jul Symposium on Art, Aesthetics and International Justice: Honouring the Samians? Aesthetic Strategies of International Legitimacy in Three Athenian Decrees (IG II2 1)
...as translated by Lambert and Rhodes. As a norm endorsed by the Athenian people, its main purpose was to “decide that the Samians shall be Athenians living under whatever constitution they wish” (Σαμίος Ἀθηναίος ἐ͂ναι, / πολιτευομένος ὅπως ἂν αὐτοὶ βόλωνται, lines 12-13), letting them “use their own laws, being autonomous” in accordance with previous agreements. It is clear that the inscription ultimately translates a unilateral decision, favouring Athens and its interests. The Samians are only allowed to perform their rights and duties as the result of an act of...08 Mar Dr. Hugo Storey Responds to John Tobin
...ducks the bigger issues of how in such cases is the decision-maker—in order to decide whether the case is one of persecution—to draw lines in sexual orientation or religious orientation or political orientation cases in which the factual scenario presupposes that on return the individual concerned will conceal or avoid or abstain from manifesting such orientation more publicly? Tobin rightly seeks to address such issues more squarely than H and P do, particularly in the context of discussing same-sex marriage and same-sex adoption. On these two issues, he appears concerned...
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,...