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Search: crossing lines

21 Jan

...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...
21.01.09 | |

14 Oct

...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...
14.10.13 | |

14 May

...documenting Israel’s violations as manifested in testimonies from people on the ground as well as publications circulated by UN agencies, international organisations, and media outlets. Instead, the Chief Justice stressed how the government ‘improved’ the crossings’ infrastructure (paras 59, 66), ‘increased’ the hours the crossings operated (para 60), established a new crossing to ‘ease’ the transfer of aid to northern Gaza (para 63), and ‘opened’ additional crossings in other locations (para 64). All of these are cast as signs of Israel’s goodwill instead of measures that had been put in...
14.05.25 | and |

12 Apr

...most people figure it would take them, from start to finish, building the centrifuges, encasing them in a plant, doing the cold test, running the hot test, running the cascades … it’s going to take about three years…. … I don’t think there’s that much disagreement anymore over those general time lines, but there is an earlier time line in which I believe, from a political perspective, the Iranians feel, in a relatively robust moment, they are witnessing a United States that is very much tied down in Iraq. And...
12.04.06 | |

04 May

...include non-state actors is appropriate. Sunday’s operation was another example of state practice undertaken with the belief that the boundaries of the battlefield are not determined by geopolitical lines but rather by the location of participants in an armed conflict, whether the participants are states or non-state actors. This continues to be the standard for determining where the law of armed conflict is properly applied. The second and third sentences of this statement are correct, but they in no way follow from the first sentence. IHL applies to the operation...
04.05.11 | |

06 Mar

...ATS cases are limited by federal courts? Along the lines of that conjecture, I recently published an article with the Georgetown Law Journal regarding the next wave of transnational human rights litigation in state and federal courts under state and foreign law. The upshot of that article was that if federal courts begin to close their doors as a matter of substantive and procedural federal law to ATS claims, then what will happen if those human rights cases seek out other law (state/foreign) and other courts (state/foreign)? This idea was...
06.03.12 | |

15 Dec

...more efficient technologies. The facility would also adopt flexible modalities to leverage private investment, through concessional finance, loan guarantees, risk insurance, advance payment guarantees, and payment of intellectual property fees. Further, it would give rich and poor countries balanced representation in decision-making and in monitoring and reviewing both project performance and financial flows. It is unlikely that Copenhagen will be the venue for movement along these lines. But a constructive dialogue on governance questions will not begin unless we recognise how current narratives define and distract discussions on climate finance....
15.12.09 | |

26 Mar

...allows. So the litigating lines, such as they are, are drawn. And the question remains, what detention power does IHL contemplate? More specifically, what detention power does the IHL of non-international armed conflict contemplate – for if there is any armed conflict within the meaning of international law between the United States and Al Qaeda, it is perforce a non-international one. As I wrote here last week, I believe the IHL of NIAC is effectively silent on the question of detention authority, leaving the question of detention authority to applicable...
26.03.09 | |

27 Jul

...The leading comprehensive work on the subject describes how several conquests were met with international acceptance. The international community recognized these conquered lands as part of the conqueror, and did not treat them as occupied territory. Korman’s examples: India’s conquest of Goa, Daman, and Diu in 1961 and Indonesia’s conquest of East Timor in 1975. However, I’ve come up with further examples where conquest by force was accepted, or broadly accepted, by the international community: • Israel, 1949. The armistice lines at the end of Israel’s War of Independence were...
27.07.07 | |

07 Apr

...letter is substantive and faithful to the true state of investment arbitration, while the AFJ letter reads more like a piece of political advocacy than a memorandum by scholars offering legal analysis. Of course, these battle lines are not new. The Multilateral Agreement on Investment was scuttled in the late 1990s because of similar concerns. In the meantime, over 3,000 bilateral and multilateral investment agreements have now been signed, with the United States a signatory to over 50 such agreements. NAFTA and CAFTA-DR are among the most prominent examples of...
07.04.15 | |

15 Jun

...law as well as the reasoning of charming betsy. Dwight When you consider the way the federal gov't have left Arizona to be raped by drug dealers and "who knows who else" from crossing the border Oklahoma is doing some advance work. Way to go Oklahoma. Wait on the feds and you will be speaking a lauguage other than english Dwight When you consider the way the federal gov't have left Arizona to be raped by drug dealers and "who knows who else" from crossing the border Oklahoma is doing...
15.06.10 | |

19 Jul

...Kevin, Didn't you argue for "social alarm" to be considered in determining situational gravity? Hostage Re: Is this a goal of the blockade? It doesn't matter if it's a goal. According to the guidance in Article 102(b) of the San Remo Manual a blockade becomes illegal if its effects on the civilian population become excessive. Once the UN Human Rights and ICRC IHL treaty monitoring bodies determine that it has, and put you on formal notice, then you risk crossing a red line by continuing to wilfully cause great suffering...
19.07.15 | |