Search: crossing lines

...submission for the Symposium on ‘Development Aid: Charity, or an Oppressive Tool of Inequality?’ This Symposium invites papers from scholars from the Global South and elsewhere who are interested in critical international law scholarship on development aid, with the ultimate goal of finding reformative solutions that will ensure self-reliance of the Global South. Interested scholars can contribute to the Symposium within the extended deadline of 5 April 2021. The details contributing to the blog can be found here. Events European Court of Human Rights’ Webinar on ‘Border Crossing and the...

Calls for Papers The Irish Yearbook of International Law has a call for papers for a special symposium issue regarding Climate Justice in International Law (Word document). Submission deadline is August 31, 2012. The University of Sydney is hosting a post-graduate conference on November 1-2, 2012 entitled Crossing Boundaries (Word document), open to post-grads in the Asia-Pacific region. Deadlines of abstract submission (no more than 250 words) is August 31, 2012 at 5:00 p.m. The Whitney R. Harris World Law Institute at Washington University School of Law is holding The...

...legal scene. Continuity is the message. To the extent that there has been recent change, it is not in the way of a revolution but rather of a “reformation” – “a return to an earlier doctrine so as to clear away errors, such as the excessive state-centricity of positivist orthodoxy.” The piece makes the best case that can be made along those lines. It is rich in its documentation of the early and mid-twentieth century literature on NGOs (including in the first volume of the AJIL itself), for which purposes...

...civilized. That was my duty as their leader . . . War gives the appearance of condoning almost everything, but men must live with their actions for a long time afterward. A leader has to help them understand that there are lines they must not cross. He is their link to normalcy, to order, to humanity. If the leader loses his own sense of propriety or shrinks from his duty, anything will be allowed . . . War is, at its very core, the absence of order; and the absence...

...Third, the detainee must be informed of the factual basis for detention and be given a genuine opportunity to respond. Even if the international standard on judicial review is developed along those lines, however, states would have some discretion on how best to implement it within their domestic legal systems. In other words, the standard would continue to permit some variance, and whether a particular detention scheme satisfies the standard would be assessed on the facts. Yet, in my view, that variance would not by itself demonstrate a lack of...

...between these two pieces of the story is reasonably clear. The “Goldilocks” part of the story explains why England had a good head start on the race to world power. The clever strategy, the five point plan, shows how the British and then the Americans managed to turn this initial head start into a long term lead. But there is another question. It is one thing to say that having an open society – here, a society eager and able to develop along liberal capitalist lines – is the first...

...self-defense. The prospect that one State may assume a cyberattack falls below a use of force or armed attack threshold while the victim State perceives it as above those lines is not a happy one — it could lead to an unintended escalation of an incident into a larger armed conflict. Add to this the possibility that a victim State may respond by attacking an innocent third State (or non-State actor) because it holds the mistaken belief (on its own or via a successful false flag operation) that the innocent...

...is imprudent and impractical. The goal of our statecraft is to help create a world of democratic, well-governed states that can meet the needs of their citizens and conduct themselves responsibly in the international system. Attempting to draw neat, clean lines between our security interests and our democratic ideals does not reflect the reality of today’s world. Supporting the growth of democratic institutions in all nations is not some moralistic flight of fancy; it is the only realistic response to our present challenges. This is all very well and good,...

...former was ordered to target Iran’s nuclear program last week by President Obama. NPR posts an op-ed about the troubling hypocrisy in the US’ recent leaks about its targeted killings and cyber warfare programs while prosecuting more government officials under the Espionage Act of 1917 than all previous administrations combined. Inter Press Service reports that the US has halted talks with Pakistan on NATO supply lines. North Korea has denied any plans for a third nuclear test. Thousands are reportedly showing up in Moscow for the first mass protests against...

...accountability, along with privacy and free speech/censorship issues, have to be seen within broader socio-political contexts. Indian society suffers deep social fractures related to divisions along caste, religion, gender and class lines. After the post-independence decades when a broad socialist vision guided government planning and anti-discrimination laws began to threaten centuries of male and Brahmin privilege, a political backlash has ensured that discrimination and inequality are not only practised but upheld through various wings of the state. The privatisation of core public sector units and the gradual shift from an...

...notes, one other crucial difference to be taken into account is that of the involvement of domestic civilian populations in the two wars, and civilians in very close geographic proximity across territorial lines. Notably, ever since 9/11, American civilians have been spared from the war on terrorism – as indeed from the wars in Afghanistan and Iraq. Israelis are part of the war, in a direct, immediate and continuous manner. Whether from suicide bombings or rockets launched, no part of Israeli territory has been immune to attacks. The vulnerability of...

...20 of the concurring opinion of van den Wyngaert, J. The Prosecutor’s attempt to synthesize common principles from parallel lines of jurisprudence is therefore welcome; however, if it succeeds it will do so against the run of play. Nevertheless, such harmonization is arguably possible. The principles underlying perpetration by means were canvassed at the international level well before the ICC and ICTY existed, in the same body of sources that ground what is now termed JCE doctrine. Consider, for example, the first treaty provision on parties to offences, Article 6...