Search: crossing lines

...have to allow into your home in Germany, if asked?” I thought the Germans might have some practice under which “the postman” would enjoy entry at will, rather than the (correct answer) your landlord. So it looks pretty much a sham along the lines of the US naturalization exam, except that this one is multiple choice and requires a lower percentage of correct responses (50% v. 66% in the US). Obviously, you can pass the test without being German in any real sense. But easy as it seems to us,...

...treaty form. Still, from time to time, treaty negotiations and all the diplomatic machinations accompanying them return to center stage. July appears to be one of those times. Starting today and running through July 27, the UN is launching a new treaty negotiation in New York for an Arms Trade Treaty. The UN General Assembly first proposed such a treaty in December 2006 in its Resolution 61/89. You can review a summary of the work of the preparatory committee since then here, including the Chair’s 2011 non-paper that outlines what...

...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...

...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,...

...1979 for the top-secret test of a new missile system. During Israel’s 1982 invasion of Lebanon, the Israeli army took South African Defense Force chief Constand Viljoen and his colleagues to the front lines, and Viljoen routinely flew visiting Israeli military advisors and embassy attachés to the battlefield in Angola where his troops were battling Angolan and Cuban forces. There was nuclear cooperation, too: South Africa provided Israel with yellowcake uranium while dozens of Israelis came to South Africa in 1984 with code names and cover stories to work on...

...in special subject areas such as human rights or international trade, how to deal with time factors, whether particular considerations arise if international organisations are involved, whether there is a useful potential crossover from the originalist/constructionist debate in constitutional interpretation, and whether an evolutionary method of interpretation forms a distinct approach. The Guide takes up some of these issues but much of its consideration of the topic is set in the context of the VCLT provisions. Perhaps now is a good opportunity to take stock of new lines of investigation....

...Eurocentric legality, or at least European epistemology, a critique that cannot be subversive. Despite our anti-colonial credentials, we’ve practically essentialised international law, implying throughout our scholarship that even colouring within the lines is emancipatory.  In those moments of doubt, I reorient myself to the subject of the critique. Mainstream international law itself is inchoate, but not in the same way as TWAIL. The critique has been around for a little over a generation, ignored for much of its early years and only now taking shape. I describe TWAIL as embryonic...

...but it is also about the business of financing lawsuits: When Patton Boggs signed onto the Ecuador case in early 2010 at the suggestion of a hedge fund looking into financing the litigation, it wrote a memorandum titled “Invictus” — borrowing the title of a 19th-century poem that culminates with the famous lines “I am the master of my fate/I am the captain of my soul.” In it, Patton Boggs outlined a strategy to pursue international Chevron assets to enforce the $18.2 billion judgment, “with the ultimate goal of effecting...

...adjudicated cases where the enforced disappearance concerned commenced prior to the ratification of the American Convention on Human Rights and the recognition of the competence of the Court by the State concerned (see, amongst others, the case Radilla Pacheco v. Mexico). Notably, the respondent State contended that the victim should be presumed dead, as he would have been more than 95 years old. The Inter-American Court rejected this argument, affirmed its competence and declared the State internationally responsible for several violations. Along the same lines, Principle 1 of the recently...

I’ve been arguing for some time (here, here, and here, all pre-SSRN) that the globalized economy enables the world to directly discipline US states in the context of foreign relations and human rights, and that this in turn erases the need for a dormant federal foreign affairs power. The thumbnail version: in the old world, state-level foreign relations activity involved intolerable externalities to the extent international actors held the nation responsible for state-level misdeeds, along the lines of Hamilton’s “the peace of the Whole ought not be left to the...

...ever. Just check out the militia’s statements: “It is impossible to hand him over to Tripoli”, said a senior Zintani local official today under conditions of anonymity. “And you can put three red lines under the word ‘impossible’,” he added. The reason, he said, was because “Tripoli is under the control of outlaws”. He was believed to be referring to the alleged dominance of the Justice and Construction Party and the Muslim Brotherhood over the government and Congress and the large presence in the city of military units from Misrata...

...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....