Search: crossing lines
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...
19 Nov From Abandoning Fossil Fuel to Sharing our Earth: Professor Joyeeta Gupta on Protecting the Public Interest in Times of Climate Change
...we have no idea what it would all add up to. But already last year, we crossed 1.5℃ of warming for the first time. And normally, you need to cross it for a few years before you have definitely passed 1.5℃. So, the situation is dire, and the Secretary-General is emphasizing the urgency of the issue. Moreover, many countries take ‘overshoot’ (crossing the temperature objective and returning to it later in the century) for granted, and many actors want to increase their emissions while compensating for it (net zero). Both...25 Aug 20 Things About Americans and the World
...patriotism seem to be universal values. I remember trying to cross the street once in Palau, one of the smallest countries in the world, and a high school kid came up to me and said, “This is how we cross the street in PALAU!” Even crossing the street became an act to tell me about his pride in his country. People involved in making foreign policy should be very aware of this. 13) America and Canada share a common culture. This may irk Canadians, but we really do share a...15 Feb Luban on the Ethical Implications of the Torture Memos
...that no one has ever been disciplined for this kind ethical line-crossing when it comes to “candid advice-giving.” And, at least as regards the Geneva Conventions question, the client (President Bush, through his counsel, Alberto Gonzales) had access to the alternative view put forth by State. It nonetheless is an important discussion of slippery slope of ends-based advocacy, one which bears discussion with our students. No doubt, there are strong views on where the ethical line is appropriately drawn. To promote open discussion of this issue, ASIL has placed it...25 May A Breath of Fresh Air as the Supreme Court of Malawi Breaks Rank with Its Own Precedent and Peers in Southern Africa: Part 1
...prescriptions of the law; the focus being on maximizing the numbers by whatever means, without complying with the law.” In my view, the Supreme Court of Malawi’s departure from the quantitative approach is a welcome development because, it places the need to comply with electoral rules at the center of election management and litigation. In 2015, SADC Member States adopted a set of electoral principles and guidelines known as SADC Principles and Guidelines Governing Democratic Elections. These principles enjoin SADC Member states to ensure that they conduct regular, free and...