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Search: crossing lines

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

26 Oct

...malicious intent or not. It doesn't matter whether her researcher forgot to put the quotes before and after a lifted paragraph. Like jaywalking you can commit it without malicious intent. Plagiarism is an act, whether there is intent or not is immaterial. After crossing the street illegally you cannot say you have not committed jaywalking because you have no malicious intent on crossing or you forgot about the prohibition. For the majority to call the act as not plagiarism is to call white black. Sanction for the act is another...
26.10.10 | |

14 Jul

...of attribution. I fail to find any illegitimate crossing of conceptual boundaries in this. However that may be, I would agree in any event that self-defence against a private aggressor must be directed against that private aggressor, and noone else. This would seem to be a simple consequence of the requirement of proportionality. Attacks against the state will only be necessary, and hence permissible, if that state was responsible for the original attack giving rise to the its right to defend itself. If it was not, then using force against...
14.07.06 | |

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 | |

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 | |

30 Apr

...it. We were involved in the anti-Israel events, which resulted in victories in the 33-day and 22-day wars. And from now on, wherever a nation or a group fights and confronts the Zionist regime, we will support and help it, and we are not at all afraid of saying this.” That morsel was a short-hand declaration of Iran’s direct support of Hezbollah’s 2006 and Hamas’ 2008 katyusha rocket wars, on Jewish civilians inside the 1949 ceasefire lines. (In this context, it bears noting that Hamas’ and Hezbollah’s targeting and firing...
30.04.12 | |

23 Apr

...Centennial Resolution on Laws of War and Detainee Treatment. The battle lines were drawn and the resistance of the top was fierce. Now many look back on that resolution as a shining moment of the ASIL. So this may be a shining moment for NYU if all powers can allow themselves to understand the profound sense of disarray and contradiction that the students are feeling. Or it may be an ignominious moment. It's the old praxis moment and people see how people line up when battle lines are drawn. I...
23.04.15 | |