Search: crossing lines
06 Jun Spain “Blockades” Gibraltar to Prevent Escape of U.S. Treasure Ships
In its relentless quest to recover the underseas treasure recently found by a Florida-based company, the Spanish government has instructed its Navy, pursuant to a court order, to detain to U.S. ships belonging to that company. Those ships are currently in Gibraltar, but apparently, they will be boarded and seized as soon as they leave Gibraltar and enter Spanish waters. I’m a little fuzzy on the geography here (maybe the attached map helps?), but assuming that crossing Spanish waters is necessary to leave Gibraltar, the two U.S. ships are out...
05 Feb The Ethnic Cleansing-Genocide Nexus
...and an intent to destroy a protected group. The Krstić Chamber in the ICTY wrote that Bosnian Serbs sought the “physical disappearance” of Bosnian Muslims in Srebrenica, which was reflective of genocidal intent. Additionally, the Chamber in Karadžić observed that the conduct in Srebrenica was “devised with the intent to permanently remove the Bosnian Muslim population living there,” suggesting that aspirations of ethnic cleansing can simultaneously exist alongside genocidal intent, crossing the threshold of genocide. This led the Krstić Chamber to declare that genocidal intent can be inferred from both...05 Sep Stephen Walt’s Advice to Would-be Foreign Policy Wonks: Study International Law!
...suspicion that international law is a pretty weak instrument, especially when dealing with great powers. Nonetheless, states and other international actors use international law all of the time, and they certainly invoke it to try advance their own particular interests. So it’s good to have some idea what international law is, how it works, and what it can and cannot do. One of the challenges for IR students is that not all political science departments offer international law on a regular basis. Crossing campus to take international law at the...27 Aug Dear News Agencies of the World: China Did NOT Breach Taiwan’s Airspace, Just Its ADIZ
...do not usually claim the right to exclude other nations’ aircraft from their ADIZ, as if it was sovereign territory. (For a recent discussion of the legal issues in ADIZ declarations, see here). Now, since China has usually been careful to avoid crossing into Taiwan’s ADIZ (or at least parts of Taiwan’s ADIZ), its decision to do so now is interesting and significant. But it is not a territorial incursion and it is not (technically) breaching “Taiwan’s airspace”. So news agencies should be careful not to report it as such....08 Dec Why the U.S. is Not Invoking International Law to Oppose China’s ADIZ
...since the U.S. does not recognize Japanese sovereignty over the Senkaku/Diaoyu Islands, why should it complain when China draws an ADIZ intended to protect airspace over those islands? This wrinkle in the U.S. position also explains Japan’s harsher reaction to the Chinese ADIZ. To Japan, China is literally demanding Japanese airlines report to its military before crossing airspace into or near Japan’s own national airspace. It would be like China demanding information from US airlines flying between San Francisco and Hawaii (Congress would explode with indignation). But from the U.S....09 Apr What’s the Status of the US-Canada Boundary after Medellin?
...legal authority for enforcing the boundary line at all? Is there some statute out there that authorizes the Executive Branch to maintain the boundary line where it is and keep folks from crossing it, moving it, or building much larger obstructions than a 3 foot retaining wall? If not, could Medellin have the unintended consequence of wiping out our border with Canada until Congress legislates it? Now, I’d assume that the courts would not go so far, even if that’s the direction Medellin clearly points. For example, I’d expect that,...
16 Dec When Tech Disrupts Faster Than Rules Adapt: Drafting Emergency Guidance for AI-Affected Evidence
...Women, Peace, & Security (WPS) framework and its four pillars, or the positive peace framework and its eight pillars). The term reflects our understanding that, while it is still too early for best practices in this time of uncertainty, fact-finders would benefit from foundational ‘scaffolding’ to help guide their decision making. This section outlines four of the eight pillars, focusing on the pillars that are built on broadly applicable (digital) evidence principles. Each pillar’s description outlines our methodological approach to its development, where it: 1) identifies the evidentiary principle; 2)...23 Oct Book Symposium The Electronic Silk Road: New Trade Rules for Cross-Border Flows of Information?
...(be it GATS, services chapters in FTAs or the plurilateral TISA under negotiation) classify “trade in services” remains very much linked to the idea of physically supplying a service from one country to one other country, with either “the service” crossing the border (mode 1), the consumer physically traveling to the place where the supplier is located (mode 2) or the supplier setting up a physical “commercial presence” (mode 3), or sending a “natural person” (mode 4), to the country of consumption. This focus on the physical is a far...