Search: crossing lines
21 Sep Events and Announcements: September 21, 2014
...far along the paper is. Because of the nature of the workshop, we can only include working drafts that have not yet been accepted for publication. We also workshop early stage projects. If you are interested in presenting on an early stage project, please let us know the working title and a few lines about the idea you are pursuing. Finally, if you are interested in being a discussant, please let us know. We will do our best to get back to everyone in November, and, for those whose working...
20 Jan Geoengineering and the Use of Force
...within the current understanding of armed attack justifying self-defense, but as that threat begins to emerge more clearly, one can certainly anticipate that arguments will be made that it is close enough. To the extent that there is strong resistance to such efforts to relax the “armed attack” standard, scenarios such as explored here will tend to blur the lines between self-defense and such justifications as necessity and countermeasures. It is widely accepted that necessity cannot be invoked as a justification or defense for violating the prohibition on the use...
24 Feb Harmonizing Global Health Law and Human Rights Law to Develop Rights-Based Approaches to Global Health Emergencies
...disease. While ostensibly adopted to protect public health, such interventions have rarely been accompanied by social relief programmes, such as income support and debt suspension, that are necessary to avoid collateral damage to economic and social rights, including the rights to health, social security, work, and housing. Instead, responses to the pandemic have largely magnified the fault lines of racial, socioeconomic, disability, gender and age inequalities, intensifying the suffering of those already at greatest risk and falling short of State obligations to ensure that responses to public health emergencies do...
28 Mar The Afterlife of a Court: Residuality and Responsibility in Sierra Leone
...big five. But in their pointed exclamations of attribution I also see the pursuit of soothing exculpations of involvement. Assignation of responsibility can become the comforting salve of an assuaging, yet deceiving, non-responsibility. After all, the little people did have some responsibility. A lot, in fact. Lilliputian neighbors betrayed, stalked, killed and tortured neighbors. Little people rampaged and raged. They did so very far away from any leadership; moreover, what exactly is leadership in a scattered-shattered society often bereft of communication lines? Charles Taylor may have been responsible, yes, but...
22 Apr ICC Sanctions Symposium: Between the Institutional and the Intellectual: The ICC-US ‘Sanctions’ Communications and the Irony of Critique
...has already been written, probably better than I could ever write it. However, now that we have the luxury of hindsight and enough of us to guarantee infinite dissection, I will explore in this post an aspect of this encounter that I find especially unsettling – the irony that critical perspectives concerning the International Criminal Court (and international criminal justice generally) are often distorted to benefit powerful actors, in ways that are detrimental to the very subjects that these perspectives try to centre. International criminal law, like most legal disciplines,...15 Mar Deglobalization and the Road to . . . War
...way to WWI. See also this snippet from Robert Keohane in the latest Foreign Policy (“In the 1930s, economic crisis led to Nazism in Germany and militarism in Japan. We must not overlook the threat that global economic crisis could again have malign effects on world politics”). Let’s hope Moses Naim and the rest of us who think that globalization is different this time around have the better of the argument. But even assuming conflict along state lines were a probable result of this crash, as it was for the...05 Apr Man Removed from Plane for Singing Along with The Clash
...singing along to The Clash’s 1979 anthem “London Calling,” which features the lyrics “Now war is declared — and battle come down” while other lines warn of a “meltdown expected.” [snip] “He didn’t like Led Zeppelin or The Clash but I don’t think there was any need to tell the police,” Mann told the Daily Mirror. Lucky for Mann he wasn’t listening to the Sex Pistol’s “Anarchy in the UK” or anything by Gang of Four. He’d be at a black site undergoing “interrogation” as we speak… Hat-tip: Daily Kos....27 Jan In Defense of Minimalism: A Response to Vlad Perju
...than “politicizing” the Court (in order to assuage its legitimacy-problem), there is something important to be said for a more minimalist, indeed, “weak” ECJ. The democratic benefits of allowing judges to enter dissenting opinions seem uncertain in the EU-context. You do not want a “supreme” ECJ, which sharply divides over ever more, and ever more controversial, but hugely consequential, constitutional-legal issues (e.g. the “true” balance between market-freedoms and social rights) along, say, national lines or those of “old Europe” versus “new Europe.” You may not want to jeopardize direct effect...01 Nov Joe Biden, Cyberspace, and International Law
...can’t judge the intentions of another country by looking at its force — like by looking at its force posture. So it’s a challenge to identify effective, confidence-building measures in cyberspace. We’ve got to find a way. For example, the United States is working closely with Russia to reach an agreement that would establish links between our computer emergency response teams and our nuclear risk reduction centers to build cooperation and to set up lines of communication in the event of an alarming incident. . . . The tactic of...09 Oct Judicial Review of Geneva Convention Claims: Commentary on the Military Commissions Act by David Sloss
...for example, Congress could have added language to the Military Commissions Act of 2006 along the following lines: “In the event of a conflict between the Geneva Conventions and the procedures specified herein, courts shall apply the procedures embodied in this Act.” Such language would preclude courts from applying the Geneva Conventions by making clear that Congress intended to supersede the Conventions as a matter of domestic law. However, the Military Commissions Act of 2006 does not contain any such provision. Section 3 of the Act creates a new Chapter...