Search: crossing lines

...incur a duty of care toward persons affected by its subsidiary “merely by laying down group-wide policies and guidelines, and expecting the management of each subsidiary to comply with them.” But the Court responded that it was “not persuaded that there is any such reliable limiting principle.”  Corporate group guidelines can contain “systemic errors” which, if implemented by a subsidiary, could harm third parties (par. 50). Turning to the case at hand, the Court found it “well arguable that a sufficient level of intervention” by Vedanta may be shown at...

...anticipated.” It will be difficult enough to prove that the perpetrator was aware there was a substantial likelihood his or her acts would cause the required environmental damage; it will be nearly impossible to prove that he or she was also aware the expected environmental damage would be clearly excessive in relation to the anticipated social and economic benefits. The requirement appears to require the perpetrator to make the value judgment in question (“this act won’t be sufficiently beneficial”), along the same lines of Art. 8(2)(b)(iv), which requires the perpetrator...

...be shorter than pitching abstracts. They are less oriented towards contextualization and more towards seizing attention. Their purpose is to quickly convey to a journal editor and ultimately to an unknown reader why they might want to read your article or essay. A sharing abstract is something of a sales document (as crass as that may sound) and something of a storytelling text. It can be useful to think about its narrative arc: its beginning, middle, and end. First and last lines are especially important. It can be worthwhile, also,...

...protests in Amsterdam, which we witnessed firsthand, was particularly violent. Academic Freedom Fortunately, the importance of academic freedom is emphasized by many, as Senator Roovers motion for academic freedom has confirmed. However, we remain concerned that, as in other countries such as the USA and Germany, an antisemitism task force modelled along similar lines will fail to achieve its objectives. Moreover, we are concerned that by essentialising antisemitism as a form of hatred that deserves exceptional protection, and by focussing exclusively on Palestinian solidarity protests, this task force will further...

...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,...

...much more than fairness in the application of the law, separation of powers, and participation in decision-making; it is tied to a liberal political identity (p. 225). Such an understanding of the rule of law provides a path to rethink the boundaries of society, its membership, and the constitutional makeup of the state, and thus shed light on liberal citizenship rights. Teitel also offered a way to reconstruct the collective across potentially divisive racial, ethnic, and religious lines, a means grounded in a political identity arising from society’s particular legacies...

...the US Government who’d been given a killer assignment. Apparently somebody had walked over to the desk of this poor functionary, scribbling away in some basement office, and said something along the lines of: “You know, we have a bunch of islands in the Pacific and the Caribbean—little islands. How about you figure out what the deal is with all these places, legally speaking.” I was holding the result: The Sovereignty of Islands Claimed Under the Guano Act and of the Northwest Hawaiian Islands, Midway, and Wake. And it was...

...are therefore growing for a global treaty to help protect against cyber threats. As a step in that direction, the British government is convening next week the London Conference on Cyberspace to promote new norms of cybersecurity and the free flow of information via digital networks. International diplomacy like this among states and private stakeholders is important and will bring needed attention to these issues. But the London summit is also likely to expose major fault lines, not consensus, on the hardest and most significant problems. The idea of ultimately...

...have escaped within your lines. I am Colonel Mallory’s agent and have charge of his property. What do you mean to do with those Negroes?” “I intend to hold them,” Butler said. “Do you mean, then, to set aside your constitutional obligation to return them?” Even the dour Butler must have found it hard to suppress a smile. This was, of course, a question he had expected. And he had prepared what he thought was a fairly clever answer. “I mean to take Virginia at her word,” he said. “I...

...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...

...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...