Search: crossing lines
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...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...
16 Jul Your Guide to Ecocide – Part 2: The Hard Part
...be outright criminalized, full stop? I had similar reactions at the start of my studies, and have had many conversations along the same lines. In this post, I will explain why international environmental law (IEL) does not contain that type of outright prohibition and why it engages in balancing, and then I will map out some of the resulting options for a crime of ecocide. Each option raises its own problems, so we are left with imperfect choices. It is possible that someone – perhaps some reader of this post...
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...
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...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...
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...
11 Mar Ukraine: How to End the War
...conflict. This would presumably enter into force at its choosing, when it has secured the territory it is really aiming for. A cease-fire would leave the invading armed forces in control of large swathes of Ukrainian territory beyond the Donbas, for instance along Ukraine’s Southern coastline around Odessa. Freezing the lines of control would effectively divide the country, potentially forever. Hence, any peace settlement would need to tie a cease-fire and the various other elements of the agreement to a front-loaded withdrawal of Russian forces. In addition, there would need...18 Apr In Praise of the Bluebook
...bad. Yeah, I groan when I see a page that contains two lines of text and 30 lines of footnotes. But it’s still better than having to mark my place in an article, find the bibliography, and scan an endless list of references listed in 9-pt. font. 3. Citing articles as 2000a, 2000b, and 2000c is ridiculous. Do I really need to waste my time (1) finding the right group of authors in the long list — is it Finkel? Finkel and Groscup? Finkel et al.? — and (2) searching...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...