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Search: crossing lines

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 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 | |

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 | |

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 | |

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 | |

08 Jun

...You can find it here: http://972mag.com/what-is-ngo-monitors-connection-to-the-israeli-government/90239/ That said, it is always amusing to see Steinberg accuse others -- in this case, nearly a thousand others -- of bias. People in glass houses and all... Gerald Steinberg Heller pulls out Fox News and the "exploration of the possible ties". Next, we will go to the latest evidence that Malaysian Airlines 370 was hijacked by little green men from Mars. Priests do faith; academics are supposed to use verifiable information and falsifiable explanations. Kevin Jon Heller That, my friends, is what we...
08.06.14 | |

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 | |

13 Jun

...what you do. Bright lines I suspect require good faith compliance with legal rules - center of the rule rather than exotic analyses. I would note the transposition of time is difficult because the court-martial mechanism of the US during WWII was subject to significant unlawful command influence that was part of the reason for the reforms of the UCMJ in the 1950's. Military law specialists can walk you through that. The case of the Admiral's sone who was hung from the yardarm in the 19th century comes to mind....
13.06.08 | |

01 Jun

...capacity the offender was acting. I’m always suspicious of terms like “most” or “few.” The real question is who (big states or little ones?) believes that. The Kuwaiti proposal was that “any person, whether acting on his own initiative or on behalf of a government, commits an offence...” I don’t see how that doesn’t effect state responsibility. On the one hand, international law is holding more and more people individually accountable for actions done under orders. On the other hand, along the lines of the United States’ reason for not...
01.06.10 | |