Search: crossing lines
04 Mar Some questions regarding Facebook’s oversight board and remediation of human rights impacts (Part II)
...publication (or nonpublication) of the Board’s decision? Can prior restraint be place upon future posting? We do not know much either in terms of how Board decisions will influence or serve as precedents of future decisions so that the Board does not need to repeat the same lines in future cases that disclose essentially the same facts or issues. Since the Board has the power to decide on policies and those decisions are binding, it may decide to turn its decisions on specific cases into policies of general application. Nor...17 Dec China invokes UNCLOS in claiming sovereignty over the Diaoyu/Senkaku Islands
...hawkish in responding to such measures. So, perhaps it’s not surprising that China’s now also beginning to push its case legally, invoking UNCLOS’s provisions on delineating continental shelf rights beyond its 200 nautical mile Exclusive Economic Zone. Specifically, UNCLOS Article 76 provides in paragraphs 7-9: 7. The coastal State shall delineate the outer limits of its continental shelf, where that shelf extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical miles in length, connecting...27 Jan A Response to Dr. Gerstenberg
...the “discursive turn” in the Court’s judicial style, which I describe and defend in my paper, could reopen debates about supremacy or direct effect, or even fracture the Court along the lines of the Berlin Wall. But there is more to Oliver’s argument. He suggests an alternative future of a Court engaged in a jurisprudence of “mutual monitoring and peer-review” which treats with respect the normative pluralism that presently structures the European legal space. My article sketches out a few possible answers to the first set of concerns and I...
16 Apr Symposium on Confronting Colonial Objects: International Law as Colonial Object – The Language/Materiality Dichotomy and the Coloniality of Cultural Takings
...organize the world along lines of social or racial inclusion and exclusion and to legitimize and domination and suppression” and (2) that they were “more pluralist at the time than admitted”, thus challenging the argument that “takings occurred in a legal vacuum”. There is a solid methodological reason for this dual role understanding, as it allows Stahn to avoid the inter-temporal problem: the idea that legal phenomena should be studied under the law as it existed at the time of their occurrence, not the time of their evaluation. This means...04 Feb A Response to Tom Ginsburg, Michael Vandenbergh, Mark Cohen, and Jonathan Wiener
...as well. We agree that the US and other countries have internal divisions that complicate their attempts to deal with climate change. We argue, however, that the differences in China are of a far greater magnitude than the blue state/red State divisions in the US and have more serious consequences for climate change. Eastern China is 5 times richer than Western China and the most serious fault lines that produce social instability—rich and poor, industrialized and agrarian, urbanized and rural—fit the East/West divide. Moreover, in the US, blue states turn...14 May Translating Citizenship Outside the State
...liberal democracy is possible beyond the state as constituted by citizens. I think I come out somewhere in between. I agree with Alex that citizenship most readily translates to other forms of territorial governance. Citizenship in the European Union, for example, doesn’t pose a major theoretical challenge. It doesn’t look all that different from citizenship in federal states such as the US. But anything else is much trickier. I’m hardly proposing the end of history here. But conflict and group definition will increasingly be drawn along non-territorial lines. How does...19 Apr Kony 2012: Diverging Trajectories: Social Media and #InternationalLaw
...and shared online, as Louise Mallinder’s indispensable ‘Amnesty Law Database‘ demonstrates. In reaction to increased specialization within the fields of IR and IL it has become popular to talk about inter-, multi- or cross-disciplinary engagement. Creating and expanding communication lines between IR and IL is undoubtedly a critical task. But, while necessary, it isn’t sufficient. Social media has created a world where students can and want to learn just as much, if not more, about IR and IL from blogs and other social media platforms. Of course, peer-reviewed academic papers...09 Mar How Microfinance Transformed a Filipino Mountain Village
...part of Notre Dame’s award-winning business school class entitled, Business on the Front Lines. The class has around thirty business, law, and peace studies students who focus for a semester on four specific case studies of social entrepreneurship. After weeks of study, the students travel during spring break to the countries and do field analysis. I’m here with six students, and there are three other teams right now in Nicaragua, Rwanda, and Sierra Leone. You can read about their exploits here. We work with Catholic Relief Services, which is one...21 Jul A Few Thoughts on Immigration Reform (R.I.P.)
The chance for major immigration reform during this session of Congress has apparently passed, according to this Reuters item here and an editorial in yesterday’s Times. Although I teach and write in immigration law, I have found this year’s high-profile debate on the subject pretty unedifying. This is in part because it has been mostly about politics rather than law. The politics may be unpredictable, with positions that cut deeply across party lines, but they are also enveloped in unreality – the unreality of controlling immigration. As Tamar Jacoby (a...
20 Nov ICC Situation on Libya: The ICC Prosecutor Should Look into Libyan Criminal Proceedings Concerning Crimes Committed Against Migrants
...the armed conflict also in parallel establish the essential jurisdictional link. Indeed, in Al-Werfalli, PTC I’s assessment of the link between the situation of crisis is articulated along the same lines of the test to establish the nexus requirement vis-à-vis war crimes. It follows, thus, that the fact that Shuhada al-Nasr participates in the armed conflict that originated in 2011, the crimes allegedly committed in the al-Nasr DC are used as means to finance the brigade, and the victims of these crimes are non-combatants are sufficient indicators that such crimes...