Search: crossing lines
29 Oct A Cybersecurity Treaty? Adam Segal and Matthew Waxman Think Not
...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...06 Apr How the Laws of War Helped to End American Slavery
...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...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...
19 Apr Vedanta v. Lungowe Symposium: Beyond Vedanta–Reconciling Tort Law with International Human Rights Norms
...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...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,...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...10 Apr LJIL Symposium: Where to Find the Liberal Principles of Criminal Law
...some observers that these deeper principles of criminal law are so embedded in domestic criminal law that domestic systems get them right, while the international law system runs the risk of ignoring them. True, I might have said something along these lines in Reclaiming Fundamental Principles of Criminal Law in the Darfur Case, co-authored with George Fletcher back in 2005. However, one should not overstate the point. We are talking about deeper principles of criminal law – principles that ought to be deep and abstract enough to apply across all...