Search: crossing lines
01 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Human Rights Relationships Across Borders in the Triple Planetary Crisis
...of both state obligations and business responsibilities in relation to environmental and climate justice, topics I have explored inspired by the work of Knop and others. A relational approach flows easily if the starting point is international environmental law, rather than international human rights law. For example, physical border crossing movements of hazardous substances (such as air or water pollution) from a state of origin that impact the territory of a second state are generally understood as transboundary. This idea is reflected in Principle 2 of the Rio Declaration, often...18 Jun The Great Tomato Trade Wars
...that all exports to the United States have come to a complete halt. “We can’t sell a single box of tomatoes,” said Jesus Macias, sales manager at the Productora Agricola Industrial del Noreste in the border state of Baja California. “Mexican growers said their produce is subject to double the scrutiny that U.S. tomatoes face: inspected first by Mexican officials and then again at the border when crossing into the U.S.” The FDA salmonella warning provides a useful heuristic about the intersection between international trade litigation and investment arbitration. I...
07 Feb Biometric Data, Data Protection Authorities, and Migrants: A Complex Nexus
...the Italian Department of Public Security: Data refer to disembarkation events recorded before 8 a.m. until 8 September 2023. Although it may appear that the most difficult and complicated part is the sea crossing, people arriving on European shores are faced with another part of the journey that is no less important for their future: the identification and asylum application procedure. Leaving aside the technical aspects of the latter, what is addressed here are the critical issues that the identification procedure entails with respect to the protection of personal data enshrined...
03 Feb Rule of Law or Law of Rule: UNSC Resolution 2803 as Anathema to International Law
...ISF will be responsible for securing borders, decommissioning weapons from non-state armed groups, and coordinating with relevant States to consolidate humanitarian corridors (para 7). Pitched as the ‘long-term internal security solution’, the ISF’s increasing control over Gazan territory will enable the IDF to withdraw from the territory based on timelines ‘that will be agreed upon between the IDF, ISF, the guarantors, and the United States’ (Annex, para 15). In sum, the Resolution establishes two bodies with coercive powers of extraordinary reach, subject to practically no checks and balances, and in...
03 Jan The ICC Prosecutor’s Double Standards in the Time of an Unfolding Genocide
...statements shortly after the start of the Russian 2022 invasion. A Shift in The Prosecutor’s Approach to the Palestine Situation Since the 29th October 2023 The Palestine situation constitutes one of most widely documented contexts of alleged commission of international crimes. It took to the Prosecutor 23 days since the Hamas attacks (1,139 killed in Israel and 8.005 deaths in Gaza, including 3.324 children), to take direct and public action in the situation in Palestine. On 29 October, Khan visited the Rafah crossing point between Gaza and Egypt, which was...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...
12 Jul Reparations for War in Ukraine: A Harm-Based Approach
...(often decades), subject to judicial and political challenge, and prioritising resources to those most affected. The UN guidance on reparations remains declaratory on the norms for violations in war, and more recently we have outlined more specific best practices on how to implement such norms under the Belfast Guidelines. The efforts towards establishing a compensation claims commission for the war in Ukraine need to keep in mind that compensation by itself will not effectively remedy the harm caused and needs a nuanced approach to eligibility. Many reparations programmes developed at...02 Dec Steve Vladeck on WikiLeaks
...the law clearly proscribes. Indeed, prior to the AIPAC case five years ago, the government had never invoked the Espionage Act against any third-party recipient of the leaked/stolen information, focusing prosecutions entirely on the direct culprit. Of course, going after Assange is not the same thing as going after the press politically. And that’s not an insignificant point. But it is basically the same thing legally — crossing a proverbial Rubicon that even the most secrecy-obsessed, First Amendment-indifferent administrations have consistently refused to attempt to bridge. I leave it for...14 Jun Proposed Legislation Seeks VCCR Compliance by the United States
...ability of our consular officers to see him, provide assistance, and monitor his condition. Similarly, the United States invoked the VCCR to seek access to the three American hikers detained in Iran after accidently crossing an unmarked boarder in 2009. In 2001, when a U.S. Navy surveillance plane made an emergency landing in Chinese territory, the State Department cited the VCCR in demanding immediate access to the plane’s crew. . . . This bill has the support of the Obama administration, including the Department of Justice, the Department of Defense,...13 Mar YLS Sale Symposium: The European Union Policy on Refugees and Its Effect on Eritrean Refugees
...the aim of patrolling Libyan waters and brings intercepted migrants back to Libya. As the result of these these skewed agreements and policies which are contrary to EU refugee regimes and the principle of non-refoulment a cornerstone of the international refugee protection, many refugees became victims of many violations of human rights, and death in the sea. Many Eritreans were intercepted by Italian sea patrol and returned back to Libya where they faced imprisonment in harsh conditions for years. Furthermore, hundreds of Eritreans who took the risk of crossing the...