Search: crossing lines

...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...

...as translated by Lambert and Rhodes. As a norm endorsed by the Athenian people, its main purpose was to “decide that the Samians shall be Athenians living under whatever constitution they wish” (Σαμίος Ἀθηναίος ἐ͂ναι, / πολιτευομένος ὅπως ἂν αὐτοὶ βόλωνται, lines 12-13), letting them “use their own laws, being autonomous” in accordance with previous agreements. It is clear that the inscription ultimately translates a unilateral decision, favouring Athens and its interests. The Samians are only allowed to perform their rights and duties as the result of an act of...

...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...

...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...

...“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...

...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...

...same time – not only UBL [Usama Bin Laden]” (as discussed on p. 334-335 of The 9/11 Commission Report and in Bob Woodward’s Plan of Attack). In addition, the documents confirm the contents of CBS News’ Sept. 4, 2002 report “Plans For Iraq Attack Began on 9/11,” which quoted Rumsfeld’s notes as stating: “Go massive . . . Sweep it all up. Things related and not.” These lines were not mentioned in the 9/11 Commission Report or Woodward’s Plan of Attack, and to my knowledge, have not been independently confirmed...

[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...

...Czechoslovakia and the CSFR are both displayed on the “Czech” line.) During the communist era, the number of commitments fell significantly behind the general rise in the number of existing international HR treaties (red and yellow lines), but after 1989 the two countries caught up and their commitment curves rose extremely quickly (the first two dotted lines mark the years 1990-1992). Figure 2: Human rights commitments of Czechoslovakia, the CSFR, Slovakia, and the Czech Republic over time (Source: authors) As shown in Figure 2, a boom in commitments is noticeable...

...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...

...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...

...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...