Search: crossing lines
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...21 May Annexation in the Shadow of the Law—Part II
...backing and only token opposition from Europe, could well be the final nail in the coffin of such norms. A world in which an international discourse codifying a consensus about the use of force had vanished would be a world in which only might would make right. And here we would do well to remember these famous lines from Robert Bolt’s A Man for All Seasons: Sir Thomas More: “… What would you do? Cut a great road through the law to get after the Devil?”William Roper: “Yes, I’d cut...02 Jul July is Arms Trade Treaty Month
...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...23 Jul A Book Discussion: International Law in The U.S. Supreme Court
...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...
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,...15 Dec Ban Ki-Moon Sworn in as UN Secretary-General
Here is the text of the speech by new UN Secretary-General Ban Ki-Moon. There are a few good lines from the speech, such as the following: Member States need a dynamic and courageous Secretariat, not one that is passive and risk-averse. The time has come for a new day in relations between the Secretariat and Member States. The dark night of distrust and disrespect has lasted far too long. We can begin by saying what we mean, and meaning what we say. We cannot change everything at once. But we...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...
26 Nov Prospects for Judicial Settlement of the Danube Border Dispute Between Croatia and Serbia
...the State, such as “the levying of taxes, the organisation of elections, conscription for military service, and law enforcement” which would take precedence over services such as the delivery of mail or the provision of telephone lines or electricity (paras 341; 343). Implementation is pending, however, as Croatia does not recognise the 2017 Final Award due to illegal communication between the Slovenian government and the arbitrator nominated by Slovenia, although the Tribunal subsequently reconstituted thereby remedying Slovenia’s violation of the Arbitration Agreement. It is important to note that the Final...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...