Search: crossing lines
01 Nov Joe Biden, Cyberspace, and International Law
...can’t judge the intentions of another country by looking at its force — like by looking at its force posture. So it’s a challenge to identify effective, confidence-building measures in cyberspace. We’ve got to find a way. For example, the United States is working closely with Russia to reach an agreement that would establish links between our computer emergency response teams and our nuclear risk reduction centers to build cooperation and to set up lines of communication in the event of an alarming incident. . . . The tactic of...27 Jan In Defense of Minimalism: A Response to Vlad Perju
...than “politicizing” the Court (in order to assuage its legitimacy-problem), there is something important to be said for a more minimalist, indeed, “weak” ECJ. The democratic benefits of allowing judges to enter dissenting opinions seem uncertain in the EU-context. You do not want a “supreme” ECJ, which sharply divides over ever more, and ever more controversial, but hugely consequential, constitutional-legal issues (e.g. the “true” balance between market-freedoms and social rights) along, say, national lines or those of “old Europe” versus “new Europe.” You may not want to jeopardize direct effect...04 Nov A Response to Mark Drumbl
...to compromise has opened, moreover, there is no obvious stopping point. There may be situations where the best case scenario falls short of even Mark’s relatively deferential standards. For example, deference to a dictator’s imposition of blanket amnesty paired with some minimal truth-telling process might be necessary to prevent imminent atrocities, even though the arrangement might fail some of Mark’s preferred criteria, such as those pertaining to good faith and democratic legitimacy. Should the specific guidelines still constrain in that circumstance, or should the Court revert to a general choice-of-evils...29 Oct Revised Article on SSRN: Transnational Tribunals and the Transmission of Norms
...legal and policy questions and consequently certain results are reached time and again and also certain expectations as to substantive ends arise. So it is not only enforcement, but it is the act, the method, the process itself, that is important for the transmission of norms. I conclude that instead of normative transmission being simply a form of legal imperialism by Western democracies, as some have argued, there are actually many different constituencies building alliances across state and class lines in attempts to forward their claims both domestically and internationally....08 Jul Emerging Voices: A View from Early Modern Cultural Studies on Fragmentation and the Law of Nations
...powerfully articulates such insights as well. Disciplinary Fragmentation My first interest here, however, is not normative fragmentation but a different though related kind of fragmentation, namely disciplinary fragmentation, specifically the present disconnect between international law and humanistic disciplines like literature and history. Fortunately, disciplinary fragmentation has left rough, jagged edges, and while I’m visiting here I want to take the opportunity to celebrate the craggy coastlines where we can still find evidence of international law’s connections with the humanities. The present distance between international law and literary and cultural studies...14 Jul Reply by Gregory S. Gordon: On the General Part, the New Media and the Responsibility to Protect
...of my proposed “Unified Liability Theory” does just that. While preserving incitement’s pride of place in reference to genocide, it would untether it from this traditional mooring and link it to the other core crimes. Just to be clear, in relation to Roger’s concern, that necessarily means adding incitement to crimes against humanity (CAH). And, more granularly, it should also entail incitement to the individual enumerated CAH acts. Thus, we should be thinking along the lines of incitement to CAH-extermination, for example. And this is not such a radical idea....