Search: crossing lines
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...
30 Apr AI and Machine Learning Symposium: Humanity-Centric AI for Armed Conflict–A Contradiction in Terms?
...battlefield or combat activities, the benefits of AI are not as evident as the swelling chorus of AI advocates might suggest. Particularly pertinent here are questions of whether AI systems can or indeed should be taking on a significant role in critical selection and targeting functions, whether they should be making lethal decisions, be involved in ‘accelerated sensor-to-shooter timelines’, play a crucial role in predictive suspect selection and classification, or otherwise assume decisive powers in areas where the ethical stakes are patently high. In recent years, these questions have become...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,...
19 Apr Vedanta v. Lungowe Symposium: Beyond Vedanta–Reconciling Tort Law with International Human Rights Norms
...incur a duty of care toward persons affected by its subsidiary “merely by laying down group-wide policies and guidelines, and expecting the management of each subsidiary to comply with them.” But the Court responded that it was “not persuaded that there is any such reliable limiting principle.” Corporate group guidelines can contain “systemic errors” which, if implemented by a subsidiary, could harm third parties (par. 50). Turning to the case at hand, the Court found it “well arguable that a sufficient level of intervention” by Vedanta may be shown at...23 Jul A Book Discussion: International Law in The U.S. Supreme Court
...1901-1945 time frame. Here’s a quick description of the project as a whole: From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court’s use of international law from the Court’s inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has...
19 Dec Inhuman-in-the-loop: AI-targeting and the Erosion of Moral Restraint
...moral agency of those who practice violence is also at risk. To highlight these risks, we draw on Herbert C. Kelman’s work on mass atrocities. He recognised that a “historically rooted and situationally induced” hostility – often along racialized lines – forms a substantive element in systematic mass killing. The evidence of this in the Israeli response to the October 7 attacks is extensive. As Kelman further advises, however, other factors are also relevant in explaining the loss of moral inhibitions against violence. In his 1973 work on collective violence,...08 May Kiobel Insta-Symposium: Is Corporate Liability Jurisdictional?
...inquiry going to the merits. Remember, the Second Circuit dismissed the case sua sponte based on these two premises. In contrast, the D.C., Seventh, Ninth, and Eleventh Circuits have rejected corporate immunity under the ATS. While many commentators quickly observed that the Court did not explicitly rule on corporate liability, the majority opinion at least tacitly assumes the existence of corporate liability. As specific evidence of the Court’s recognition of corporate liability, some have pointed to one of the majority opinion’s concluding lines: “Corporations are often present in many countries,...09 Oct Kingdom? Business Venture? Drunken Joke? All of the Above?
...around for a monarch to head his fictional kingdom, “King Boleslav” was the obvious choice. It was a harmonious relationship at first. Bolek allowed his signature to appear in the passports, and presided over royal events organised by Tomas, including a lavish coronation ceremony in the town of Vsetin in 2000. Soon afterwards, however, the relationship began to sour, and – listening to Tomas tell the story – the lines between fact and fiction once again become blurred. “The moment when King Boleslav became king, he started confusing this fiction...