Search: crossing lines
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,...31 May Weekend Roundup: May 17-31, 2015
...a Sovereign Debt Treaty.” Kevin posted on Regulation 55 of the Rome Statute in the context of the Gbagbo proceedings and what he terms the irrelevance of the confirmation hearing. He also posted on when the left shoots itself in the foot (IHL version). We had two guest contributions in the last two weeks. The first, from Rick Lines, Damon Barrett and Patrick Gallahue was entitled: The Death Penalty for Drug Offences: ‘Asian Values’ or Drug Treaty Influence? Marina Aksenova posted on Five Questions on the Colombian Sentencing Practice and...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...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...
31 May The Disrespect Is Real Around Here: Review of Eve Massingham and Annabel McConnachie’s edited volume, Ensuring Respect for International Humanitarian Law
...provisions). In taking the example of businesses operating in proximity with the Israeli settlement enterprise, I would say that “bright lines” can be drawn. Through a robust reading of CA1, “home” States of businesses (as we refer to them) have an obligation to prevent their businesses from contributing to the settlement enterprise, amongst other IHL violations in situations of armed conflict. I felt the same about Eve Massingham’s contribution on weapons with the scope of CA1 in Chapter 8, which has been at the very heart of CA1 advocacy, particularly...16 Oct Obama Will “Engage” on Sudan (And Ignore the ICC)
...Scott Gration, said that the policy, to be announced Monday by Secretary of State Hillary Rodham Clinton, would make use of a mix of “incentives and pressure” to put an end to the human rights abuses that have left millions of people dead and displaced while burningDarfur into the American conscience. General Gration said the administration would set strict time lines for President Omar al-Bashir of Sudan to fulfill the conditions of a 2005 peace agreementthat his government signed with rebels in southern Sudan; under the agreement, a proposal for...
08 Mar A Short-Term Option for Addressing Misinformation during Public Health Emergencies: Online Nudging and the Human Right to Freedom of Thought
...and applying nudges to online news feeds that they think will help so-called ‘non-elites’ make ‘smart’ decisions (see this work of Michael Sandel at 81-112). Aside from the condescension that arises with practices and communications that run along the lines of ‘we know better than you’, which inhibits public trust (see, for example, here and here), nudging raises additional human rights considerations. There are a number of human rights dimensions to the current pandemic that have been highlighted (see, for example, here), including with respect to misinformation (see here and...