Search: crossing lines
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...12 Jan Laurie Blank on the Rationales for Targeted Killing
...outside of the zone of active combat in Afghanistan. Challenging questions arise from the use of both justifications at the same time, without careful distinction delimiting the boundaries between when one applies and when the other applies. This article will focus on the consequences of the United States consistently blurring the lines between the armed conflict paradigm and the self-defense paradigm as justifications for the use of force against designated individuals. In particular, there are four primary categories in which the use of both paradigms without differentiation blurs critical legal...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...02 Sep World Bank Corrects Global Poverty Statistics, Increasing Absolute Number
...Development Report and was later adopted by the United Nations (UN) when it resolved to cut poverty in half by 2015. The researchers now prefer a yardstick more typical of the 15 poorest countries that have credible poverty lines. By this definition, people are poor if they cannot match the standard of living of someone living on $1.25 a day in America in 2005. Such people would be recognised as poor even in Nepal, Tajikistan and hard-pressed African countries such as Uganda. But for those who still think a “dollar...27 Jul Does the Constitution Follow the Flag? The Evolution of Territoriality in American Law
...embraced a vigorous imperialism? Or did the Constitution provide powerful limits that could not be circumvented simply by (re)drawing lines on maps and declaring some areas beyond the reach of the Bill of Rights? Does the Constitution Follow the Flag? is a book about the way that geography shapes legal rules and understandings—and how fundamental changes in American power and in world politics have challenged and sometimes altered the traditionally territorial system of American law. Do some U.S. laws stop at the water’s edge? If not, do they operate differently...16 Oct Comment on What’s at Stake in the Sovereignty Debate?
...Ring’s argument that national tax sovereignty remains an important concept in preserving the state’s ability to achieve national objectives like maximizing the lifetime well being of its residents. The line from Al Purdy’s poem, House Guest, referred to at the outset of this article is followed by the line “never knowing what came next” (the lines are: maybe hockey was rather like a good jazz combo/never knowing what came next.). Part of what made reading Ring’s piece such a pleasure was that it builds so clearly on and from her...
07 Apr COVID-19 Symposium: Law in the Time of Corona (or: Dear Dr…)
...considering the different types of harm women and men of different ethnicities and class experience, different access different women and men have to preventive measures and follow-up care, and the different costs both women and men face in the community when responding to the coronavirus. Meanwhile, several international law blogs tend towards dividing along traditional gender lines (whether consciously or not), with the European Journal of International Law’s blog EJIL:Talk! publishing pieces such as those focused on how coronavirus relates to international peace and security and international investment law, while...05 Jan Firm Whites and Runny Yolks in WTO Law
[Tomer Broude is a Senior Lecturer, Faculty of Law and Department of International Relations at the Hebrew University of Jerusalem; the following post continues our conversation on Shaffer and Pollack’s When Cooperation Fails] Mark Pollack and Greg Shaffer well deserve the praise that the previous commentators have given them for their study of the transatlantic law and politics of GMOs, “When Cooperation Fails”. Empirically, the book is a model of qualitative research, in some parts following the lines of Greg’s superb Defending Interests. The theoretical dimensions of the book masterfully...
29 Jun Compulsory Licensing for Crisis Management: Revisiting the EU’s Approach
...implement a compulsory license is shared. This is the underlying principle of the Human Rights Guidelines for Pharmaceutical Companies in Relation to Access to Medicines (2008), as affirmed by the UN Special Rapporteur on the Right to Health, Paul Hunt, who drafted these guidelines (see here, p.12). This principle is enshrined under Articles 7 and 8 of the TRIPS Agreement, which recognise the need for states to take appropriate measures against practices that constitute an abuse of intellectual property rights or adversely affect technology transfer. States have various policy tools...