Search: crossing lines
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...22 Feb Israel Does Not Have a Sovereign Claim to the West Bank: A Response to IJL’s Legal Opinion
...the UN in implementing Resolution 181(II)”, insinuating that Israel was the successor state to the Mandate or was born as a result of the UN’s plan. Israel’s Declaration of Independence led to war with its Arab neighbours and the ultimate signing of an Armistice known as the “Green Line”. According to the Opinion, this agreement did not “prejudice the rights, claims and positions of either Party hereto in the ultimate peaceful settlement of the Palestine question” and was “without prejudice to future territorial settlements or boundary lines or to claims...
16 Sep Transitional Justice Symposium: Connecting the Past with the Future of Consolidated Democracies
...much more than fairness in the application of the law, separation of powers, and participation in decision-making; it is tied to a liberal political identity (p. 225). Such an understanding of the rule of law provides a path to rethink the boundaries of society, its membership, and the constitutional makeup of the state, and thus shed light on liberal citizenship rights. Teitel also offered a way to reconstruct the collective across potentially divisive racial, ethnic, and religious lines, a means grounded in a political identity arising from society’s particular legacies...11 Feb Why Internationalism Is Not Enough
...believe that it is always or even usually the case that the U.S (or any country) must do so. Is it always a good idea to create more domestic law and regulation on any subject regardless of the policy consequences? Why shouldn’t such decisions be made on a case-by-case basis (through our normal democratic and constitutional processes)? All of this suggests that lines about the U.S. “standing alone” and refusing to join the “rules that apply to the rest of the world” are a waste of time. If you want...
31 May The Disrespect Is Real Around Here: Review of Eve Massingham and Annabel McConnachie’s edited volume, Ensuring Respect for International Humanitarian Law
...provisions). In taking the example of businesses operating in proximity with the Israeli settlement enterprise, I would say that “bright lines” can be drawn. Through a robust reading of CA1, “home” States of businesses (as we refer to them) have an obligation to prevent their businesses from contributing to the settlement enterprise, amongst other IHL violations in situations of armed conflict. I felt the same about Eve Massingham’s contribution on weapons with the scope of CA1 in Chapter 8, which has been at the very heart of CA1 advocacy, particularly...
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...
20 Feb Complicity in a (Plausible) Genocide? On UNRWA, Holodomor and the ICJ on Gaza
...programme, saying that “Germany recognizes UNRWA’s essential role in providing vital food support to the people of Gaza with its strong presence on the ground.” Amidst a likely famine, the UNRWA itself predicts mass starvation should humanitarian support be prevented from reaching the Gazan population. Moreover, should the UNRWA be effectively dismantled through a lack of financial support, the logistical hurdles for alternative lines of humanitarian aid to the Palestinian population are gigantic, it is claimed. De facto, the withdrawal from UNRWA equals a death sentence to established humanitarian aid...
20 May Re-discovering the Origins of Bilateral Investment Treaties
...could be used in combination with their more modern versions (viz. theBITs), to attract the latter’s dispute resolution mechanism, notably investor-State conciliation and arbitration. Such an operation would be in keeping with the 1978 ILC Draft Articles on MFN clause, the jurisprudence of the International Court of Justice (ICJ) and arbitral precedents. Synthesizing Article 10 of the Draft Articles on the MFN Clause, the ICJ’s take in Ambatielos I case, and arbitral tribunals’ findings along the lines of Ambatielos II case, an MFN clause of a treaty can attract the...