Search: crossing lines
15 Apr Should the U.S. Bomb North Korea Before It Launches its Missile?
...the threat or use of force to violate international lines of demarcation, such as armistice lines, established by or pursuant to an international agreement to which it is a party or which it is otherwise bound to respect." Though the war may have been between the Koreas, this does not necessarily mean that the Armistice Agreement (see S/3079, available through UN ODS) only binds those States. Of course China also is a party to it, but more importantly General Clark, Commander-In-Chief of the United Nations Command committed the United Nations...17 Jul Is the European Union Now a State?
...thought was really interesting, but the comment ended up being so long (over a 1000 words) that I posted it over at my blog. Just thought I'd let you know. Feel free to comment! I'd love to continue the discussion, whether here or over there. Francesco Messineo Xavier, A very interesting reply along lines similar to what I would have asked Tobias. The 'superiorem non recognoscens' criterion is perhaps satisfied by the EU from the internal point of view of EU law itself - the ECJ being the final settler...23 Apr Want to Prosecute the Lawyers? Cite Ministries — Not the Justice Case
...medical supervision and restrictive guidelines could be viewed as something less than torture. The authors clearly knew they were drawing black and white lines in a very gray area. And since the cite the fact that over 26,000 US servicemen have been waterboarded as part of their training since 1992 (and many thousands more before that), then either: (a) the US routinely tortures its own servicemen; or (b) at some level of intensity, waterboarding is not torture. The authors chose (b). Is that clearly irresponsible, or just a point on...23 Nov When Playing Call of Duty 4, Don’t Forget to Consult the Laws of War
...Maybe someone should review that for IHL? SMM Disagreeing with an earlier response... The fact that much of our young culture today is indoctrinated with plots and story lines from movies, television shows, and now video games it seems increasingly likely that these sort of plot developments and exposure to violations of International law could very easily have a lasting effect. Being a young male I have several friends who have joined the armed forces simply because they enjoyed the idea of being able to be a real life "First...08 Aug Frozen Conflict Becomes Hot War: Russia Invades Georgia
...(and the second sentence of Article 2(1) says that this commander is Russian) (http://smr.gov.ge/uploads/file/jpkf/1994-12-06%20Resolution_JPKF_Eng.pdf). The idea of 'restoring peace' seems to be something along the lines of what Russia has been saying, but I don't think that this would help much on its own. I am not entirely sure where one would put a decree by JCC in terms of treaty interpretation (since JCC has a Russian, S-Ossetian and Georgian members, perchance it is subsequent practice as per Article 31(3)(b)?). In any event, the text and context suggests that what...15 Mar Does the U.S. Really Need The Law of the Sea Treaty to Make Claims in the Arctic?
...would skirt the CLCS process -- seems farfetched. I really doubt that all other states would agree to any end run around the Convention process that they have so long and so fully endorsed, in name and in practice (via submissions to the CLCS). Nor, I suspect would the U.S. itself regard the outer limits line as something to be agreed upon through a series of bilateral arrangements. States regard the setting of outer limits lines -- lines between the continental shelf and the Area -- as unilateral acts (to...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...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,...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....