Search: crossing lines
17 May Book Discussion “Outsourcing War and Peace”: Too Much Jurisdiction? – Contractor Liability After Brehm and Ali
...than because it can. Thus, both Brehm and Ali raise the dark side of expansive calls for contractor liability—that, in the quest for accountability, we might tolerate departures from existing legal and prudential constraints on federal jurisdiction, and thereby blur lines that only serve their purpose when they are clear. To be sure, Brehm and Ali are outliers compared to the far more notorious cases that Professor Dickinson surveys (and over which the case for civil and/or criminal liability in U.S. courts is far stronger), but that’s exactly the point....
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...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....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....19 Sep Quivering Before (International) Law: The Terrified Presidency
...constraint to some national security harm (see David Cole and Jules Lobel’s new book for the argument that it’s the violation of law, rather than conformity with it, that has done the damage). The argument is more along the lines of, anti-terror efforts require boldness; legalization results in timidity. I don’t buy it. Either this isn’t a war, in which case the rule of law as usual is presumptively a good thing; or we’ve been lacking the leadership that would overcome the timidity. Goldsmith recognizes the first possibility. “When a...22 Apr OPCD Report on Gaddafi’s Situation in Libya
...be any fixed telephone lines, from which he could call anyone to choose a lawyer. Although the visit did not take place in the particular room in which he is being detained, it is clear that he would not be able to keep privileged documents in a secure location. 37. When asked whether he would want someone, such as his family, to arrange for a Libyan lawyer for the domestic proceedings, he responded that he would. 38. Mr. Gaddafi has been interviewed by the Libyan authorities in connection with allegations...
30 Mar Symposium on Early Career International Law Academia: That Other Half of the Job – Getting Started on Teaching (International) Law
...Here are some tips in that vein: You must teach at least once during your PhD: even if you are fairly certain you do not want to have a career in academia afterwards, do it, just to be sure you do not like this part of the job. And, if you are potentially interested, you need to be able to establish a track record for when you do start applying for all those jobs. Take pedagogical theory seriously: in most disciplines, we train as academics without any training on how...
06 Apr About Time: Statutory Limitations and Crimes against Humanity
...shall not apply to crimes under international law that are by their nature imprescriptible (thus including crimes against humanity). Nevertheless, Principle 23 adds that, “when it does apply, prescription shall not be effective against civil or administrative actions brought by victims seeking reparation for their injuries”. Along the same lines, the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Laws establish that “where so provided for in an applicable...
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...
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...