Search: crossing lines
10 May New Technologies Symposium: Concluding Thoughts
...that ought to engage the minds of lawyers and asking, inter alia, that those lawyers develop a better understanding of technology. As she correctly observes, the book may help to phrase the questions we should be asking about technological development. It is for all of us to engage across disciplines when considering possible answers. Markus Wagner looks at Lethal Autonomous Weapon Systems and rightly comments that more could have been said in the book about the inherent difficulty in assigning responsibility in complex decision-making systems. He must be right that...12 Jan Autonomous Legal Reasoning: Legal and Ethical Issues in the Technologies of Conflict
...IHL regulate autonomous weapon systems? Are prohibitions better or worse than prescriptive authorities? Should IHL regulate via rules, standards, or principles? Finally, (6) why should IHL regulate autonomous weapons? How can IHL best prioritize among its foundations in military necessity, humanitarian values, and the practical reality that the development of such systems now appears inevitable. In asking these questions, my essay offers a critical lens for gauging the current scope (and state) of international legal discourse on this topic. In doing so, it sets the stage for new lines of...
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...14 Jan All Quiet on UNCLOS
Notwithstanding its recent efforts to avoid recess appointments with 12 second sessions, the Senate will return in full next Monday. For international lawyers, the big question is whether UNCLOS finally gets a vote for the Senate’s advice and consent. As I noted here and here, the SFRC voted UNCLOS out of Committee last fall largely along party lines. But it’s been all quiet since. Indeed, I’ve heard from a couple of sources that the window for Senate A&C to accession is closing, if not closed. What I don’t know is...
25 Aug Latin America and the Caribbean in International Investment Law: The Price of Overestimating the Value of FDI
...settlement mechanisms, a number of Latin American and Caribbean countries have been thrust into the unenviable position of having to compensate investors to the tune of millions—much more than investors have injected into local economies. Argentina Argentina is one of the Latin American and Caribbean countries which has had to face the bitter truth that FDI is not as economically virtuous as touted by neoliberal proponents of this regime. In 1989, Argentina pursued an economic liberalisation programme in order to restructure its economy along the lines of the Washington Consensus...
24 Aug Rohingya Symposium: Is Justice for the Rohingya Possible Within Myanmar?
...would also facilitate prosecution as a practical evidentiary matter. Needless to say, the conflict has exacerbated Rakhine-Bamar ethnic tensions and further undermine stability in the region (with respect to the Rohingya, tensions are dispersed along ethnic (Rohingya-Rakhine-Bamar) and religious (Muslim-Buddhist) lines). In the lead-up to the national elections on November 8, a Rohingya Muslim politician was not allowed to contest based on citizenship grounds. These developments weaken prospects for voluntary repatriation of the Rohingya. The saga of violence, persecution, and impunity also make it unlikely for the Rohingya to find...12 Sep Tenure & Promotion Timelines: An International Track?
...it’s 26 out of the 36 schools (those listed above, plus Berkeley, BYU, Cardozo, Hofstra, Minnesota, Penn State, Pitt, and Wake Forest). I’ve provided more detailed data at the end of the post. Comments, clarifications and, of course, corrections would be most welcome. But before we get there, here’s my question for international law professors out there — does this data accurately reflect the timelines facing those who specialize in our field? As collected, we asked for general information about timelines, and what is possible in terms of how quickly...07 Apr What Do a Top-Shelf Vodka and Illegal Immigrants Have In Common?
They’re both participants in the reconquista, illegal immigrants as the foot soldiers and now a vodka purveyor as its cartographer. Entertaining little dust-up over this ad from Absolut, depicting (very roughly) Mexico along the lines of its early 19th century boundaries. The ad was targeted at Mexican consumers, “based upon historical perspectives and … created with a Mexican sensibility,” according to the company’s blog. Did the folks at Absolut really think someone in El Norte wouldn’t get wind of it? The ad predictably played into “Aztlan” conspiracy theories. The company...
23 Jun Skeptical Thoughts on the Proposed Crime of “Ecocide” (That Isn’t)
...anticipated.” It will be difficult enough to prove that the perpetrator was aware there was a substantial likelihood his or her acts would cause the required environmental damage; it will be nearly impossible to prove that he or she was also aware the expected environmental damage would be clearly excessive in relation to the anticipated social and economic benefits. The requirement appears to require the perpetrator to make the value judgment in question (“this act won’t be sufficiently beneficial”), along the same lines of Art. 8(2)(b)(iv), which requires the perpetrator...31 Oct Why Can’t Obama’s Aunt Contribute to His Campaign?
...afforded some channel of influence. It’s a matter of basic democracy theory. There have been a flurry of press stories and polls relating to foreign preferences in this election (overwhelmingly favoring Obama), all along the lines of, a world wanting to vote. (The Economist has ginned up a global electoral college; here are the global poll numbers from Foreign Policy, and here’s a blog called “Voices Without Votes: Americans Vote. The World Speaks.”) Extending truly universal franchise in presidential elections is a nice thought experiment, but ultimately not very practical....