Search: crossing lines
04 Jun So What Is the Legacy of Tiananmen, Twenty Years On?
...to say, as a pro bono gift of Sullivan & Cromwell. Tiananmen took place while all of us were there; it was discussed at length, but the conference declined to make a joint statement, if I recall correctly. I think that was the right decision – no one at the meeting was authorized to speak on behalf of their organizations, to start with. Somewhat more disturbing was that not everyone at the conference appeared to think that the Chinese protestors had a defensible cause. The fault lines of the human...
24 Feb Harmonizing Global Health Law and Human Rights Law to Develop Rights-Based Approaches to Global Health Emergencies
...disease. While ostensibly adopted to protect public health, such interventions have rarely been accompanied by social relief programmes, such as income support and debt suspension, that are necessary to avoid collateral damage to economic and social rights, including the rights to health, social security, work, and housing. Instead, responses to the pandemic have largely magnified the fault lines of racial, socioeconomic, disability, gender and age inequalities, intensifying the suffering of those already at greatest risk and falling short of State obligations to ensure that responses to public health emergencies do...05 Mar Lozano v. Montoya Alvarez: The Latest Supreme Court Treaty Interpretation Case
...Korean Air Lines Co., 516 U. S. 217, 226 (1996). Lozano has not identified a background principle of equitable tolling that is shared by the signatories to the Hague Convention. To the contrary, Lozano concedes that in the context of the Convention, “foreign courts have failed to adopt equitable tolling . . . because they lac[k] the presumption that we [have].” Tr. of Oral Arg. 19–20. While no signatory state’s court of last resort has resolved the question, intermediate courts of appeals in several states have rejected equitable tolling…. I...
19 Apr Symposium on International Conflict and Security Law: A Research Handbook – Human Rights: Between Universalism and Relativism
...questioning of the liberal pursuit/aim of human rights would be central to the development of this new universalism. Engeland’s contribution is noteworthy since it displays the comprehension of the intractability of the issue and thus resists the urge to offer any magical solution to the same. Rather through an open proposal to reframe the debate on universality, it attempts to initiate a new understanding of principles of liberal peace and security, thus provoking new lines of inquiry. It is hoped that the same shall stimulate development of new thought in...17 Jan Asia, International Law and International Institutions: A Comment
...of historical, material and cultural factors possibly account for Asian nations refusing to become party to the 1951 Convention even as they have shown willingness to respect the status and rights of refugees. These factors may be worth studying in a bid to understand and explain the Asian approach to international law. It may also help to identify the reasons for the lack of a regional human rights convention on the lines that have been adopted in Africa, Europe, and Latin America. What however explains the absence of a regional...15 Nov The Preventive Detention Debate Under the Democrats
...draw upon what, to my then-amazement, was offered by human rights groups a couple of years ago in multiple conferences as the ‘good’ way to approach this (that is, an alternative to military tribunals): pass a bunch of statutes with very vague terms along the lines of “material support” that could be used to get convictions in federal court. My estimation at the time was that the idea then was simply a strategy for persuading people to drop military tribunals and get them into federal court – whereupon, undertaking the...
15 Sep The Illusion of Reciprocity in the History of International Law: Conquest and Civilisation in Johnson’s Lessee v. M’Intosh
...It is evident, from these lines, that Marshall (and the rest of the Court) were caught in the middle of an extremely delicate situation. A situation in which they justify the legal title acquired with conquest and, at the same time, recognise conquest as an inevitable fact which (even if they wanted) they would have had no competence to declare illegitimate. Taking into account the role of the Supreme Court in shaping US history, a different ruling could have had the potential to undermine the legal validity not only of...01 Oct On-the-Ground Intelligence Operations Backing Drone Strikes
...radio signals it collects, and gathering the voluminous intelligence necessary to prompt a single strike. Finally, perhaps for lawyers the most interesting observation in the New York Times piece, however, is the recognition – very wide recognition in the US across most political lines – that in fact drones are more discriminating and precise: [W]hile experts argue over the extent of the deaths of innocents when missiles fall on suspected terrorist compounds, there is broad agreement that the drones cause far fewer unintended deaths and produce far fewer refugees than...