Search: crossing lines
04 Feb A Response to Tom Ginsburg, Michael Vandenbergh, Mark Cohen, and Jonathan Wiener
...as well. We agree that the US and other countries have internal divisions that complicate their attempts to deal with climate change. We argue, however, that the differences in China are of a far greater magnitude than the blue state/red State divisions in the US and have more serious consequences for climate change. Eastern China is 5 times richer than Western China and the most serious fault lines that produce social instability—rich and poor, industrialized and agrarian, urbanized and rural—fit the East/West divide. Moreover, in the US, blue states turn...
16 Apr Symposium on Confronting Colonial Objects: International Law as Colonial Object – The Language/Materiality Dichotomy and the Coloniality of Cultural Takings
...organize the world along lines of social or racial inclusion and exclusion and to legitimize and domination and suppression” and (2) that they were “more pluralist at the time than admitted”, thus challenging the argument that “takings occurred in a legal vacuum”. There is a solid methodological reason for this dual role understanding, as it allows Stahn to avoid the inter-temporal problem: the idea that legal phenomena should be studied under the law as it existed at the time of their occurrence, not the time of their evaluation. This means...27 Jan A Response to Dr. Gerstenberg
...the “discursive turn” in the Court’s judicial style, which I describe and defend in my paper, could reopen debates about supremacy or direct effect, or even fracture the Court along the lines of the Berlin Wall. But there is more to Oliver’s argument. He suggests an alternative future of a Court engaged in a jurisprudence of “mutual monitoring and peer-review” which treats with respect the normative pluralism that presently structures the European legal space. My article sketches out a few possible answers to the first set of concerns and I...
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...
08 Aug Ecocide and Article 2(4): Envisioning Environmental Aggression as “Use of Force”
...“use of force” under Article 2(4) of the UN Charter and the need to interpret it in tandem with recent ecological violations. Although, there is a dearth of scholarship arguing on similar lines, the imminency of the issue cannot be over-emphasised. The need for a robust framework including state liability in cases of ecocide is imperative, otherwise the biggest perpetrators of ecological destruction i.e. nation states will go unpunished. As the climate crisis deepens and states continue to deploy environmental destruction as a weapon of war, the existing legal architecture,...06 Mar HILJ Symposium: Getting to the Right Answers about Rights
...really emerged several decades later. Samuel Moyn, The Last Utopia: Human Rights in History 6 (2010) (arguing that 1970s were the key period). We ourselves have no particular expertise in this area, but our emphasis on reciprocal interaction between the national and international levels of law-making provides evidence that might be deployed in sorting out these claims. Roberts helpfully suggests new lines of inquiry in which quantitative analysis can help to play a role. One might, he notes, apply our survey methodology to the various proposals articulated in the 1930s...19 Jul Guest Post: Israeli Committee Declares End to West Bank Occupation
...courts and the rest of the world for decades, namely that Israel’s presence in the West Bank is temporary and that measures designating Palestinian land and natural resources for Israeli use are motivated by security concerns. Here are some conclusions by the committee that I wholeheartedly endorse: 1. The so-called “unauthorized” outposts, built without the proper building permits and zoning plans, were as a matter of fact approved and funded by the State of Israel, which provided military protection, installed water and electricity lines, built access roads and funded public...18 Jul Was the Hamdan Court Reading Rick Pildes?
...the same result if we had a Democrat Congress? The Harvard piece, along with a 2004 essay with Sam Issacharoff, also maps well onto Hamdan in extracting a process-based, institutionally-focused tradition in wartime decisionmaking from the Court. The Court has threaded the poles of rights-based idelaism on the one hand and deference to executive unilateralism on the other, looking instead for the reassurance of bilateral agreement between the political branches. The Youngstown story is of course well known along these lines. Less familiar is Pildes’ retelling of Milligan and Korematsu....
24 May Policy Recommendations to Meaningfully Mitigate Civilian Harm in Military Operations: A View from the Netherlands (Part I)
...investigation and response processes, and should be described in the Article-100 Letters (a constitutional requirement to inform Parliament about the deployment of Dutch military personnel, after which a Parliamentary debate occurs). By outlining these parameters prior to agreeing to participate within a coalition context, participating States agree on baselines of how they understand CHMR efforts prior to military engagement and where red lines are drawn. These standards can reflect access to intelligence and information prior to targeting missions and should reflect CHMR throughout the joint targeting cycle. States should also...21 Sep Events and Announcements: September 21, 2014
...far along the paper is. Because of the nature of the workshop, we can only include working drafts that have not yet been accepted for publication. We also workshop early stage projects. If you are interested in presenting on an early stage project, please let us know the working title and a few lines about the idea you are pursuing. Finally, if you are interested in being a discussant, please let us know. We will do our best to get back to everyone in November, and, for those whose working...