Search: crossing lines
10 Oct Shilling for the C-Pen 20 Scanner
...angle takes a bit of trial-and-error to get right, but once you get the hang of it, its scanning is remarkably accurate — I average around 95-100% accuracy per paragraph of text. The pen is also smart: if you are scanning multiple lines of text, it automatically eliminates the hyphens that break up words that extend over two lines, avoiding the need to go back and eliminate them manually. I could go on, but you get the picture. The C-Pen 20 is a remarkable device, and I highly recommend it...21 Mar Normative Distinctions vs. Executive Flexibility in Treaty-Making
The wide-ranging responses to Oona’s work are a testament to its ambition and importance. In the interest of keeping the discussion manageable, I’d like to offer two additional comments on Oona’s piece even though I could easily pursue a half dozen other lines of inquiry. First, I wanted to comment on the subtitle of the article—“The Past, Present and Future of International Lawmaking in the United States.” I wonder about the use of the term “lawmaking” here. Is it true that when we talk about treaties we’re always talking about...05 Apr The Situation in Palestine
...organisations). Thus the correct statement that the Prosecutor could have included at this point should have been along the lines that ‘the current status granted to Palestine by the General Assembly is that of ‘entity’, not as a ‘non-member State’. Is this a pedantic and pointless criticism? Does what the Prosecutor says even matter anyway? I’m not too sure at this stage, but I do know that it is a statement that I would require a student to clarify, and would have pointed them in the direction of the UN’s...01 Sep Syria Insta-Symposium: Did Obama Consult His Lawyers Before War Powers About-Face?
Doesn’t sound like it, if you read between the lines of this AP account. Until Friday, everyone was assuming that congressional pre-clearance was not constitutionally required or otherwise warranted. Obama’s national security team was in agreement that while consulting with Congress was critical, there was no need for formal approval, officials said. Seeking a vote in Congress to authorize a strike wasn’t even an option on the table. You have to guess there were memos to that effect bouncing around State and Justice. Obama turned around on a dime after...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...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 Oct Theories of Corporate Liability in the ATS, a Quick List
...is so or not, it made me think that having some bullet point list in my head of the main lines of argument in favor of corporate liability was a useful exercise. Feel free to add any more you like in the comments. The reason I stress here arguments in favor is that, as someone who thinks it is not the case, it is harder for me to think of the arguments for corporate liability. The affirmative arguments against corporate liability seem to be mostly variants of saying, the ATS...