Search: crossing lines
20 Jul U.S. and Allied Involvement in the Russo-Ukrainian War: The Belligerent Status of NATO States and Its Implications
...crossing the “red line” of becoming a co-belligerent—a threshold that would “very clearly” be crossed by supplying Ukraine with tanks or aircraft. The Polish prime minister has similarly explained that Warsaw will not unilaterally transfer “offensive weapons” to Ukraine because “[Poland is] not a party to [the Russo-Ukrainian] war.” Legally, the belligerent status of several NATO states is significant because participation in an armed conflict alters a state’s legal relations with enemy belligerents and neutrals. Most importantly, the parties to an armed conflict possess expansive authorities to employ armed force...23 Jul Symposium on Mann, Humanity at Sea
...to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an...
08 Jul The Sum of Four Fears: African States and the International Criminal Court in Retrospect–Part II
...Panel took a measured approach in its recommendations, which concerned both peace and justice. It set out in detail its proposal for the establishment of a Hybrid Court (along the lines of the existing Special Court for Sierra Leone and the Extraordinary African Chambers in Senegal established to try Hissene Habre and others that came later), despite the objections of supporters of the Government, and noted that under the principle of complementarity the ICC would be ‘obliged to take consideration’ of its establishment (along with other local ‘effective justice measures’),...10 Sep What Does Putting Syria’s Chemical Weapons Under “International Control” Mean? (And Some Thoughts on Russia’s Use of International Legal Rhetoric)
...the problem of chemical weapons. Of course, these are not the only possible responses to Syria, but they have been the main ones on the table. Turning to international monitoring, possibly through the OPCW, could lead to a real prevention of the future use of chemical weapons by the Syrian regime, avoid a Russian veto, and get the U.S. out the corner it painted itself into with a bunch of red lines. But I only say “could,” not “will.” The actual proposal needs to be seen. And, related to this,...23 Aug Report: Ukraine Willing to “Compromise” on a Non-Ukrainian Internationalized Tribunal
...the Ukrainian side, it is important that after the “Hague Tribunal” is established, it receives the “blessing” of the UN General Assembly , approval of its action by a separate decision. And if, say, 100 states support the work of such a court and its tasks, then this body will de facto become international. Much of the discussion to date, whether about an international or internationalized tribunal, has been based on the idea that a tribunal would be created by UN/Ukraine agreement following UNGA endorsement, along the lines of the...10 Dec Rice’s Strategic Vision – A Democratic Peace, But What About International Law?
...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,...
18 Oct Where De Facto States Come to Rest: The Approaching Demise of the So-called Republic of Artsakh
...status quo that pushes all belligerents back into compliance with the principle of non-use of force in international relations, particularly in settling territorial disputes, as expressed in Articles 1(1) and 2(3) of the UN Charter and Principle I, UNGA Resolution 2625 (XXV). The 2020 ceasefire agreement which put an end to the so-called Second Nagorno-Karabakh War, which resulted in Azerbaijan recovering roughly seventy five percent of the territory previously detained by Armenia and the so-called Republic of Artsakh, saw the attribution of a Russian military contingent to guard the armistice lines laid out...
06 Dec Symposium in Remembrance of Judge Antônio Augusto Cançado Trindade: A Formalist’s Defense of Judge Antonio Cançado Trindade
...opportunity to explore the intent behind the judge’s flexibility when it came to law as a method. Thinking of Cançado, I am reminded of Oswald Spengler who wrote in The Hour of Decision something along the lines of “in hatred there is a silent acknowledgment of the opponent”. While in adamant dissent with most of his views, I would not see my opinions towards the Brazilian jurist as ‘hateful’. I believe the term “collegial opposition” would be more suitable (to the extent that one can disagree with such an authoritative...