Search: crossing lines
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...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...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...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....
03 Nov Genocide at The Hague: A Transitional Justice Reckoning?
...from strategic state interests and geopolitical alignments. For example, as Jacobs observes, key Western actors supporting Ukraine’s case against Russia, like Germany and the US have been notably less vocal about Gaza at the ICJ. In contrast, while South Africa and Nicaragua have played visible roles in the Gaza litigation, their engagement with Ukraine’s case has been muted, neither appears to have intervened formally. Such inconsistencies reinforce the perception that legal accountability is applied selectively along political lines. The ICJ is not the UN General Assembly: its authority rests on...
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...
20 Aug Muddying the Waters Still Further: A Response to Steven Kay and Joshua Kern
...of the claim that there was a breach of Article 2(4) is underscored by the fact that units of the Arab Legion were stationed in mandate Palestine (west of the Jordan River) under British command and guarding British supply lines as Britain withdrew in May 1948. The fusion of Jordanian and Palestinian sovereignty I stand by my claim that the Jordanian Act of Union of 1950 fused Jordanian and Palestinian sovereignty between 1950 and 1988. However, Kay and Kern claim that “given that Jordan’s occupation arose from a breach of...