Search: crossing lines

...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”...

...Libya by the end of 2025. On 15 May 2025, three days after Libya lodged its article 12(3) declaration, he  that some lines of inquiry would be completed by the end of the year, with the remaining ones by the end of March 2026. The Prosecutor is independent and retains discretion over whether to initiate investigations. Accordingly, the fact that Libya lodged an article 12(3) declaration with respect to alleged crimes committed until the end of 2027 does not compel the Prosecutor to continue its ongoing investigation or request authorization...

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,...

...IHL regulate autonomous weapon systems? Are prohibitions better or worse than prescriptive authorities? Should IHL regulate via rules, standards, or principles? Finally, (6) why should IHL regulate autonomous weapons? How can IHL best prioritize among its foundations in military necessity, humanitarian values, and the practical reality that the development of such systems now appears inevitable. In asking these questions, my essay offers a critical lens for gauging the current scope (and state) of international legal discourse on this topic. In doing so, it sets the stage for new lines of...

...as many proposals as possible, but preference will be given to scholars who did not present last year and to works 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 willing to be a commentator, please let us know. UN Audiovisual Library The Codification Division of the United Nations Office of Legal Affairs...

...settlement mechanisms, a number of Latin American and Caribbean countries have been thrust into the unenviable position of having to compensate investors to the tune of millions—much more than investors have injected into local economies. Argentina Argentina is one of the Latin American and Caribbean countries which has had to face the bitter truth that FDI is not as economically virtuous as touted by neoliberal proponents of this regime. In 1989, Argentina pursued an economic liberalisation programme in order to restructure its economy along the lines of the Washington Consensus...

...Influenza and in domestic public health guidelines (p.70) on the response to infectious disease outbreaks. The draft provisions of the Negotiating Treaty examined in the following reflect the main components of the biomedical approach and its envisaged domestic and international institutions.       The Envisaged Global Bio-surveillance System The Negotiating Text foresees the building of a global bio-surveillance system with international (WHO) and domestic components. In short, the draft treaty envisages  that each state builds up laboratory capacities that then work together as a global network through which they can identify emerging...

...iranian atomic scientists, supporting the simmering insurgencies within Iran, putting the mullahs’ expat business interests out of business, etc. Basically, stepping on the Iranians’ toes hard enough to make them reconsider their not-so-covert war against us in Iraq. And we should have been doing this since the summer 2003. But as far as I can tell, we’ve done nothing along these lines. Reynold’s post prompted a reply in the Rocky Mountain News by Paul Campos, a law professor at the University of Colorado, entitled — appropriately enough — “The Right’s...

...away again. It was very hard for me to believe that this was actually real and tangible, and not something so fragile that a little puff could bring the house of cards down. (I’m not sure if Philip Alston remembers, but we had a conversation on almost exactly those lines, at a human rights conference organized by Philip and Henry Steiner, with me as administrative assistant, on Crete earlier that summer, sitting out on the beach of a Cretan monastery and positively slathered with sunblock.) So I wish I had...

...apartheid, which is most often associated with an institutionalized legal regime of separating the races for the purpose of systematic oppression. For example, how do discussions of the climate change legal regime and the disparate impacts along geographic and gender lines relate to traditional uses and understandings of the term apartheid? The bulk of the authors’ text focuses on approaching the problem of climate change adaptation from a human rights perspective, highlighting national initiatives and touching on possible international ones. The issue of climate change refugees provides an excellent case...

...of criminal justice in the Military Commissions Act. Under the majority’s opinion, Congress can create procedures governing review; Congress can funnel the cases to a new court to conduct that review; Congress can define burdens of proof; and Congress can define the categories of people who are detainable. Indeed, I’ll argue in a later post that the majority essentially invites Congress to do so—albeit in a more thoughtful way than the 15 lines of statutory text which constitute the sum total of congressional participation on this question to date. Will...