Search: crossing lines

...state from direct ownership of its technological foundations means its digital sovereignty is contingent and reversible. It exists only so long as those that host its data permit it. In physical terms, data centres are fixed installations subject to territorial law. In functional terms, however, they form a transnational terrain of power that no single state controls. A classified dataset may reside on servers located in multiple jurisdictions, connected by fibre networks crossing oceans. Encryption and access protocols create enclaves of virtual territory that can be expanded, contracted, or deleted...

...not crossing the borders of their own states, racial injustices are embedded within the Guiding Principles, preserving both white innocence and white epistemic authority within international law. Consistency with white supremacist desires Scholarship and public discourse on race and climate-related displacement have largely focused on cross-border movement. However, racism at the intersection of displacement and climate change is also evident even when those displaced by extreme weather events – such as droughts, floods and cyclones – remain stranded within their national borders. The UN Guiding Principles on Internal Displacement illustrate...

...— or any non-self-interested scholar who still has to pay for daycare — will want to be a reviewer for the Haute Bourgeois Track. And what do you think will happen to a reviewer lucky enough to wrangle an invite if she suggests rejecting the Haute Bourgeois Track article, thereby not only depriving T&F of its $7000/€6200/£5500 payday but actually costing them money, because they will still have to pay the reviewer for her rejection? Do you think T&F will keep sending her articles, each time crossing their fingers in...

...(2) preventing civilians from crossing the border into their state of nationality is an act that takes place on the territory of the state they are trying to leave. Here, Donald Trump’s policies are unlawfully preventing Mexican-American civilians from returning to their state of nationality, the US, from the territory of Mexico, a state party. There is little question that enough Mexican-Americans are being prevented from returning to the US to satisfy the “widespread or systematic” contextual element of crimes against humanity. The ICC thus has jurisdiction to prosecute Donald...

...this post, I argue that crossing the threshold of a NIAC (non-international armed conflicts) with the State endorsing this qualification very quickly can be problematic in relation to some aspects, especially for the resulting facilitation of rules of engagement. The application of IHL rules pertaining to NIACs is triggered on the basis of two cumulative criteria: the intensity of the conflict and the degree of organization of the belligerent non-State party. As stated above, it seems that in the case of Ecuador, this threshold has been reached. The army is...

[Richard Mackenzie-Gray Scott is the author of State Responsibility for Non-State Actors: Past, Present and Prospects for the Future (Oxford: Hart | Bloomsbury, 2022, re-issued in paperback 2024)] This is the first part of a two-part post; see Part II here. Information operations can impact societies in many ways. Whether by undermining specific human rights, for example, as a result of crossing the line between ‘lawful influence and unlawful manipulation’ of thought, or by eroding trust in democratic institutions, these operations pose multifaceted risks to domestic, regional, and international stability....

...60 round trips per month crossing the 180-kilometre (112-mile) Taiwan Strait separating the island from China. For the most part these stories have focused on the economic and political aspects of these deals, i.e., looking at how business pressures moved the two sides together, the thawing of relations this signals, and the backlash within Taiwan that’s emerged to what some perceive as capitulation to the PRC by Taiwan’s government. I’m interested, however, in the legal implications of these deals. I haven’t been able to locate copies of the agreement texts,...

...Spiegel coverage here. Lebanese soldiers traded fire with Islamist gunmen and shelled areas around the border town of Arsal on Sunday aiming to roll back the biggest incursion by militants into Lebanon since Syria’s civil war began. Some 200 people have been granted passage into Tunisia through the Ras Jedir border crossing, before Tunisian officials again closed the border after just a few hours, as heavy fighting rages in neighboring Libya. Americas A U.S. reconnaissance plane crossed into Swedish airspace last month as it sought to avoid being intercepted by...

...onto the high seas and only “indirectly” deported into the territory of a state party. Deportation’s “essential element” of crossing an international border would thus have taken place in Syria and on the high seas — not on the territory of a member state. This is the importance of the OTP’s repeated insistence in its request (see paras. 4, 13, and 28) that only direct deportations activate the Court’s jurisdiction. In the second scenario, where the civilians are directly deported into a neighbouring state’s territory, a positive outcome to the...

...borders and suspension of new and on-going asylum applications Following the outbreak of the COVID-19 pandemic, the majority of EU Member States introduced restrictions for third-country nationals crossing the EU’s external border. In some cases, EU Member States banned entry to asylum applicants (Cyprus, Greece, Hungary) or declared their ports “unsafe” (Italy and Malta). Other Member States (like Belgium) closed their arrival centers, ultimately restricting access to asylum. The state of emergency due to COVID-19 declared in Hungary, led to the suspension of the right to apply for asylum. In...

Your weekly selection of international law and international relations headlines from around the world: Africa South Africa’s main opposition on Sunday called for a full investigation into the government’s failure to arrest Sudanese president Omar al-Bashir, who is due to face charges of genocide at the International Criminal Court. Somali armed group al-Shabab has claimed responsibility for an attack on a military compound in Mogadishu where Somali intelligence officials train, claiming it killed “many intelligence forces”. Middle East and Northern Africa More than 20 air strikes by Arab forces hit...

...in the South China Sea, to bolster its sovereignty claims in the area. The Philippine president, Benigno Aqino, has said he will not back down from China regarding the disputed Scarborough Shoal in the South China Sea. For the first time, Egypt has loosened the restrictions on Palestinians temporarily entering the country at the Rafah border crossing A US drone struck in Pakistan, killing 12 suspected militants. At the request of the EU, the US and Japan, the WTO Dispute Settlement Body has established a panel to consider China’s export...