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Search: crossing lines

29 Mar

...forms of noncompliance that may be beneficial, but I do not consider them at length. Professor Pauwelyn first claims that I go “too far by underestimating the flexibilities and exit options that exist within the system of international law.” What I describe as noncompliance, he sees as “flexibilities and exit options perfectly permitted and accepted within international law.” I wish more people thought along those lines, and I wish it were that international law were more like what Professor Pauwelyn describes. Unfortunately, international law and international legal scholars appear to...
29.03.07 | |

06 Jul

...order and seeks ‘hard guarantees in the form of legal norms that protect the interests of the different actors’ as well as hierarchies with clear lines of authority. Otherwise, the necessary support for international cooperation would be undermined. De Boer is in good company here – not only in that of the many constitutionalists populating the field today, but also of those pluralists who, afraid of the potentially radical implications of their idea, opt for some ultimate relief through a common legal frame. Such a frame is indeed immensely appealing...
06.07.12 | |

13 Apr

...to the concern that customary international law is anti-democratic: Indeed, customary international law bears the hallmark of democratic legitimacy. The U.S. is a key participant in the consensus-building process inherent in the creation of customary norms. Thus, these legal norms are fashioned with the input of U.S. elected and appointed officials, who represent and answer to their constituents at home. As Dean Koh acknowledges, Congress may override a customary international law norm where Congress’s intent is clear, thereby addressing any concern regarding democratic oversight. Across party lines, the Executive Branch...
13.04.09 | |

02 Aug

...send an email to gabriellezoemarceau@gmail.com, ana.balcazar@graduateinstitute.ch, and andre-philippe.ouellet@graduateinstitute.ch before 10 August. Please explain your background in a few lines and the idea you would like to bring forward. Job – Research Associate in International and European Law, Behavioural Science, and Sustainable Development: The Institute of Law and Economics at the University of Hamburg, Germany is seeking to fill two Research Associate positions, offering the opportunity to pursue a doctoral dissertation within an interdisciplinary team led by Prof. Dr. Eva van der Zee LL.M. The research focuses on international and European...
02.08.26 | |

05 Jan

[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...
05.01.10 | |

19 Jul

...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...
19.07.22 | |

16 Jul

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”...
16.07.06 | |

17 Oct

...residents—as lawful self-defence against an armed attack, provided for in Article 51 of the UN Charter and long established as a rule of customary international law. Blogposts have been written, Tweets have been published, and I suspect, a few insults have been exchanged.  Debate and disagreement are vital components of any academic discipline. As academics, we customarily position our own work in relation to the fault lines in existing scholarly debate, and we regularly ask our students to familiarise themselves with, and write about, key controversies in the subject area....
17.10.23 | |

06 May

...hostilities. The Role of this Issue in the Negotiations The Russian Federation has made several statements in various fora that Ukraine is attempting to obtain weapons of mass destruction (chemical, biological, nuclear) to be used against the Russian Federation and others (e.g. here, here and here). These allegations may be an aspect of the current negotiations between the Russian Federation and Ukraine that must be addressed to the satisfaction of both parties.  There have been statements along the lines that the Russian Federation’s allegations are a “disinformation campaign”, the intention...
06.05.22 | |

12 Jul

...legal scene. Continuity is the message. To the extent that there has been recent change, it is not in the way of a revolution but rather of a “reformation” – “a return to an earlier doctrine so as to clear away errors, such as the excessive state-centricity of positivist orthodoxy.” The piece makes the best case that can be made along those lines. It is rich in its documentation of the early and mid-twentieth century literature on NGOs (including in the first volume of the AJIL itself), for which purposes...
12.07.06 | |

30 Nov

...civilized. That was my duty as their leader . . . War gives the appearance of condoning almost everything, but men must live with their actions for a long time afterward. A leader has to help them understand that there are lines they must not cross. He is their link to normalcy, to order, to humanity. If the leader loses his own sense of propriety or shrinks from his duty, anything will be allowed . . . War is, at its very core, the absence of order; and the absence...
30.11.16 | |

15 Dec

...the answer is something along the lines of the limitations that law has to compel or induce states on issues of critical national importance. But, why would this issue, which is certainly not controversial to or disputed by most historians, constitute a sufficiently important issue that Turkey would be willing to jeopardize its EU accession talks? I’m reminded of the noble lie in Plato’s Republic, in which it is acknowledged that all states have their origins in brutality and blood, and therefore all states create national myths about their foundings...
15.12.05 | |