Search: crossing lines
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....
02 Apr The Use of Convoys and the Risk of Having Convoys with Combined US & Neutral Escorts
...through the Strait of Hormuz daily. So far in March, an average of 5-6 vessels per day is transiting through the Strait of Hormuz, a significant decrease. Iran’s President Masoud Pezeshkian reiterated on Sunday 22 March that crossing the Strait of Hormuz is ‘open to all, except those who violate our soil’. In an effort to gather support to reopen the key maritime corridor, on Sunday 15 March, the U.S. President, Donald Trump, warned his NATO allies that they face a “very bad future” if they refuse to send their...
18 Jun Symposium on the 1951 Refugee Convention at 75: Resilience in Times of Contestation: The Turbulent Destiny of the Refugee Convention
...a state party, that state’s obligations under the Convention cannot be engaged. Alongside externalization, pushbacks – the forced return of people crossing borders without individual screening – have become normalized in Europe and beyond. These practices do not merely create practical barriers to asylum; they eradicate it. An asylum seeker who is pushed back before they can register a claim is invisible to the legal system. These tactics of evasion are insidious: they do not seek to reform the law but to evade it while maintaining the appearance of compliance....
06 Apr When International Law Fails to Protect: Humanitarian Intervention and the Iranian Repression
...paradigm just cause remains self-defense against external aggression, some theorists extend the underlying logic of defense to include other-defense, that is, the use of force to protect victims of aggression who are unable to defend themselves, a view developed by Jeff McMahan. Some scholars have interpreted humanitarian intervention as a form of collective other-defense, extending the logic of self-defense to the protection of vulnerable populations, as argued by George Fletcher and Jens Ohlin. Humanitarian intervention falls within this extended category: it involves crossing borders without the consent of the territorial...11 Jul A Canal Runs Through It
...feet apart with hazard signs in English and Spanish (apparently not every canal-crossing large mammal is bilingual). But ladders won’t cut it, plaintiffs argue, and many more deer will drown if they are forced to climb canal ladders rather than traverse escape ridges. That argument works, right? No. Why not? Well, the problem is there are no large American mammals trying to cross the All American Canal! The court concluded that following a year of deer tracking and aerial surveillance there was no sign of deer in the area in...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...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...