Search: crossing lines

...Ben’s paradigmatic case for noncriminal detention illustrates the dangers. He points us to one GTMO detainee, Bashir Nasir al-Marwalah (p.158), and tells us that this is what the evidence shows: al-Marwalah attended a training camp in Afghanistan in 2000, at which he had rifle training on how to be a sniper. His stated goal was to learn to fight in Chechnya. He was caught while retreating, “with” the Taliban, from “the back lines” of the fight with the Northern Alliance. Ben does not suggest that he had been fighting the...

...Neighbourliness Committee will be established as an authority and a political mechanism to encourage, support, and coordinate the programs, projects and activities that generate togetherness and common interests between Peru and Ecuador. The Neighbourliness Committee will establish general guidelines for bilateral cooperation, implementation of the border regime, and for the smooth running of the Binational Development Plan for the Border Region.” (Art. 5, italics omitted) The agreement also included direction on the activities the Neighborliness Committee should pursue, as discussed in the following section.    By creating a government committee, the...

...here, which denies detainee’s Bivens claims for their mistreatment while in detention because no constitutional rights apply to aliens detained abroad, and because even if they did, qualified immunity would apply). My point in discussing these two potential lines of precedent is to recognize something of a catch-22 here and a common remedy. Although civil trials for Guantanamo detainees will go a long way to disestablishing the claim that “war on terror” detainee trials before Military Commissions are (always) necessary, they do so by continuing a trend that already includes...

Democracy: A Journal of Ideas has come out with its first issue. It looks promising, oriented along the lines of the New America Foundation (at least in terms of author affiliations), one of the best things to come out of the think tank world in recent years. There’s substantial foreign policy content here, with a review by Michael Lind of Peter Beinhart’s recent book, Michael Singer extolling the better side of American exceptionalism -“exemplarism” – to ground foreign policy, and Kathryn Roth-Douquet on military service. Jedidiah Purdy‘s “The New Biopolitics”...

The bloggers at Coming Anarchy have put together an informative series of posts about the shifting borders of states and empires. There’s a time-lapse animation of the expansion and contraction of Rome and Byzantium, a series of maps for each of Ethiopia, Poland, Armenia , Persia, and Russia. Also, there’s a series of comparative maps on state borders in modern Europe. Along similar lines (and in light of current events), I would also recommend Catholicgauze’s post on the ethnic geography of Kosovo. Since a picture is worth a thousand words,...

...issues (see, eg, AsianJIL guidelines). We do have, however, some suggestions on how those involved in teaching, writing and publishing can cooperate towards filling in cultural communication gaps. First, we believe that it is important that authors and publishers understand the problem needs to be addressed through a two-way street approach. It should not be for authors to do all the heavy-lifting of having to adapt to different writing styles, nor should this mean that authors should not be concerned with writing and communicating well. Authors should retain agency over...

...The “shared understandings” of statehood are morphing so as to shrink the spaces of sovereign insulation. To paraphrase Wendt, sovereignty is what states make of it, and states’ identity as such has come to comprehend a downsized version. There are lots of ways in which international law is degrading sovereignty. I think it’s possible now to imagine the internal enforcement of international law along the lines of the Modern State Conception — not all advocates of international law “tend to let the conversation drop at this point.” (276). The construction...

...longing for the old days would keep people poor: what we were observing was development, progress. Indeed, this was what we were here to bring. Rid the government of its criminal leaders, plug the country into the world economy and teach the Sudanese how to run a country. What was I doing here if I did not believe we could help fix the place? It was all so simple. I do not recall the lines of my response, but they included the colonial encounter (the most symbolic of which, between...

...whether the Strip is still occupied by Israel following the Israeli withdrawal of its army and settlements in 2005.  Proponents of the stance that Israel is still occupying Gaza point to the fact that Israel is controlling Gaza’s air and sea space as well as its crossings (see here, page 38, n.101), whereas those that hold that it is not occupied, underline the lack of boots on the ground and Israel’s stated unwillingness to permanently reconquer the area (see here, page 37, n.97). For those holding that Gaza is still...

...unanticipated interaction or substitution effects among formal and informal flexibility mechanisms. These conclusions suggest four lines of inquiry that scholars might pursue in future studies. First, in addition to analyzing individual flexibility mechanisms, scholars should give greater attention to the relationship among different flexibility tools. Barbara Koremenos’ 2005 article, Contracting Around International Uncertainty, is a pioneer in this regard. Future studies might consider whether other flexibility tools are complements or substitutes. This research would be especially welcome for issue areas, such as environment and security, for which flexibility tools have...

...certainly highlighted by the issues brought up here – is the greater engagement with individual rights by the ICJ, which has a state centric focus and is not a human rights court. JudgeCançado Trindade’s concurring opinion to the Provisional Measures Order in this case refers to the ‘humanization’ of international law. Cases such as this highlight the dichotomy and the potential blurring of the lines between a focus of the rights of state versus that of the individual. Finally, the impact of an ICJ decision can have consequences on treaties entered...

...is a mens rea requirement. Finally, let me close by raising a question about the requirement of a link to a declaration or AUMF. Consider the post I put up last night discussing the complex array of forces currently engaging in armed attacks on Afghan and Allied forces in the Afghan-Pakistan theater. Some of those forces are within the scope of the 9/18/01 AUMF, but arguably some are not (e.g., Lashkar-e-Taiba). Insofar as we intend for a test along the lines of the Wilkinson criteria to operate in connection with...