Search: crossing lines
20 Aug Emerging Voices: The Joint Obligation to Protect Witnesses in the Fight against Transnational Organized Crime
...measures aimed at granting adequate “assistance in relocating protected witnesses abroad and ensuring their protection [and] exchange of information between authorities responsible for witness protection programmes” (ibidem). When a state implements judicial assistance mechanisms, its obligation to guarantee adequate protection of witnesses is extended across the state’s boundary lines, with a resulting surveillance obligation on the activity of the state requested of the assistance. This aspect should be considered by the requesting state when deciding to have recourse to judicial assistance both when a protected witness has to be heard...31 Jul The al-Marwalah Detention
...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...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...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...
19 Jul Options for a Peace Settlement for Ukraine: Option Paper XI – Reconciliation
...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...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...
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,...05 Mar Lozano v. Montoya Alvarez: The Latest Supreme Court Treaty Interpretation Case
...Korean Air Lines Co., 516 U. S. 217, 226 (1996). Lozano has not identified a background principle of equitable tolling that is shared by the signatories to the Hague Convention. To the contrary, Lozano concedes that in the context of the Convention, “foreign courts have failed to adopt equitable tolling . . . because they lac[k] the presumption that we [have].” Tr. of Oral Arg. 19–20. While no signatory state’s court of last resort has resolved the question, intermediate courts of appeals in several states have rejected equitable tolling…. I...