Search: crossing lines

...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...

[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...

...canned coffee to refresh visitors in the heat and humidity. On its front, the memorial showcases four lines, in English, pulled from the very last line of Pal’s nearly 250,000 word dissent. These four lines are engraved on a silver plaque. These, however, are not Pal’s words. They are the words of another. Pal had placed them in quotes in his dissent but also refrained from attributing them to their actual source, namely, the original speaker. The source of these words may come as a surprise. It did to me,...

...to draw lines separating acceptable from unacceptable behavior, permitted conduct from required conduct, etc. I’ve drafted a new chapter that, in the context of cyber war, examines both the ways we draw law from borders and borders from law in cyberspace. I critique the status quo on both theoretical and functional grounds, concluding that we should seek to start a new process not just for constructing governance regimes, but normative ones as well. Consistent with the book’s central focus on cyber war, I proffer a case-study for such an approach...

...“you can count the number of lines feeding Africa on one hand.” However, the author argues: With cheap land, availability of natural resources and proximity to Asia, Europe and South America, Africa can provide fertile grounds for international data center activity. Big Internet companies such as Microsoft, Google and Yahoo, whose data center activity is mostly concentrated in North America and Europe, can start investing in the internet infrastructure of African countries by providing better connections, and in return can be allowed to establish data centers in areas with little...

...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...

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...

...were neutralising the inter-state rivalries of yesteryear. Briefly, vertically and horizontally integrated multinational firms were supplanting the nation-state as ‘the primary form of political organization of world capitalism’ thus reducing instances of cross-border strife. Building on and possibly even supplanting the work of Arrighi, Robinson and Harris detailed in an important article the ways in which neoliberalism was further transforming the existing capitalist order: through widespread integration of national economies in the world trading system and a restructuring of finance and production systems along global lines. Combined – and despite...

...After all, it was he who insisted that Libya would release Taylor if the ICC “apologized” for her actions. Either Libya lied to him and he took its representations at face value or he simply assumed that an apology would lead to Taylor’s release. Neither scenario makes him look very good. Nor, unfortunately, is that all. Reading between the lines of a recent Sky News report, it seems that Taylor is still under the control of the Zintan rebels, not the Libyan government: Despite repeated requests, Ms Taylor has not...

...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...

...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...

...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...