Search: crossing lines
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...26 Feb Kent on Boumediene/Odah Guantanamo Litigation
...countries which are leased long-term from host nations or held de facto for the long-term by the U.S. military. I think it would be dangerous and unwise for the Supreme Court to decide that potentially all aliens in the world outside the U.S. and its territories have individual constitutional rights. Clear and sensible lines need to be drawn to determine what is or is not a territory of the United States in which aliens have constitutional protections. I am working on an article that argues that these lines should be...
25 Feb The Nature and Implications of Israeli Occupation of the Palestinian Territory: Part I
...obligations towards the Palestinian Territory must be assessed going forward. Israeli Belligerent Occupation of the Palestinian Territories 1967-1994 Israel first established effective control over the West Bank, the Gaza Strip, and East Jerusalem—then widely referred to as the “Palestinian territories”—during the 1967 “Six Day War,” an IAC between Israel and several Arab States, including Egypt and Jordan. Much as today, the international legal status of those territories was ambiguous in 1967. The Palestinian territories constituted those parts of the former Mandate of Palestine that lay outside the 1949 armistice lines...29 Mar Follow-up to NYU JILP Symposium on LGBT Asylum and Refugee Law
...told, in effect, that they are not “gay enough” to be able to prove that they would suffer sufficient psychological harm. To be clear, I do not worry that Hathaway and Pobjoy or the judges on the House of Lords would stray in this direction. But credibility assessment at the front lines of refugee status determination is already a messy business, with adjudicators often tempted to probe the intimate lives of asylum-seekers more than they should.[7] I fear any interpretation of the refugee definition that might increase the risks of...
03 Jun Brazil Fights Itself: Climate Litigation Against Incoming Backfire
...Strategic Plan for Protected Areas (PNAP) and international instruments, being the UNFCCC, the Paris Agreement and the Rio Declaration the ones most cited. These legal instruments have been combined with strong lines of legal reasoning arguments such as the responsibility and solidarity to the rights of future generations, the State’s fundamental duty to protect the environment, the claim for a fundamental right to climate stability and the principles of prohibition of insufficient protection of the environment and of socio-environmental and ecological retrogression. IV – …against incoming backfire The interweaving of...
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part II
...this resolution knowing that Palestine had been given observer state status in the organization. The same Security Council resolution also made it clear that it would “not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations”. Evidently, Palestine’s borders are the 4 June 1967 lines. Another Red Herring The argument that Palestine cannot purport to be a state because it lacks effective control over all of its territory is another red herring, when it is Israel...14 Oct Carsten Stahn Guest Post: On Intervention, Narratives of Progress, Threats of force and the Virtues of Case-by-Case Assessment–A Rejoinder to Koh (Part III)
...third important factor in the debate is role of context. Koh seeks to draw an analogy to domestic law to justify a new exception. He uses the example of ‘ambulance’ drivers who are permitted to cross red lines in accidents. This comparison is appealing, but shaky. It presents intervention as a ‘clean’ and ‘neutral’ recipe that can be used to address the underlying dilemmas of conflict. This premise is questionable. Intervention is not like targeted medical surgery and interveners are typically not simply ‘neutral’ and ‘benevolent’ humanitarians. Symbolically speaking, this...
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...