Search: crossing lines
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...22 Mar LJIL Symposium: Thomas Weigend comments on James Stewart’s “The End of ‘Modes of Liability’ for International Crimes”
...who has ever ploughed through the intricacies of the distinction among several modes of liability, be it under domestic or international criminal law. The lives of judges, advocates and law students alike would be easier if they did not have to worry about the fine lines between aiding and committing, or between instigating another person to commit a crime and using that person as an (“innocent”?) agent. With regard to the law of complicity, it is not difficult to find examples of contradictions and inconsistencies in the jurisprudence of international...
22 Feb Of Anti-Colonialism and International Legal Pedagogy: Can we Visualise a Post-Westphalian World?
...the sovereignty of non-Europeans. They lacked sovereignty because they were not Christians (Vitoria); they were savage (Grotius); they were not white (Westlake); they were not industrious (Vattel). Hardly the ramblings of nativist Neanderthals, the founders of European international law made these racialised claims, drawing new arbitrary lines when old ones floundered. As we learned from Antony Anghie, the colonial encounter shaped international law, universalising aspects of the European imaginary while simultaneously delegitimising those cosmologies that did not cohere. “Both the logic and dynamics of colonialism came to imbue the organization...28 Feb SCOTUS Considers Application of ADA to Foreign-Flagged Vessels
In a case argued this morning at the Supreme Court, the Department of Justice has sided with a group of disabled cruise passengers who sued Norwegian Cruise Lines for failing to provide the kinds of accommodations required on public transportation under the Americans with Disabilities Act. NCL argues that, because their ships fly under the Bahamian flag, extraterritoriality doctrines should be applied, which would exempt them from ADA regulation in the same way that they are exempt from federal labor laws. (NCL’s brief is here.) DOJ and the plaintiffs’ argue...15 Oct Kavanaugh Appointment Foreshadows Looming Crisis for the Rule of Law
...Bar Association, which had previously rated Justice Kavanaugh “well qualified” felt it necessary to re-open its evaluation in light of the issues of “temperament” raised by the Senate hearing; the Senate did not wait for the outcome of this re-evaluation before moving to a final vote. This most recent spectacle illustrates a longer trend through which votes on Supreme Court appointments have over the years generally tended to become more and more divided on party lines (see: here and here.) In some cases, this has been due to party politics...21 Jan Not the Postnational President, Yet
...a global solution. The speech was hardly bold in this respect. The one passage pointing to something different: And because we have tasted the bitter swill of civil war and segregation and emerged from that dark chapter stronger and more united, we cannot help but believe that the old hatreds shall someday pass; that the lines of tribe shall soon dissolve; that as the world grows smaller, our common humanity shall reveal itself; and that America must play its role in ushering in a new era of peace. The “lines...
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...
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...