Search: crossing lines
26 Jun YJIL Symposium: Human Rights and Climate Change Adaptation at the international Level
...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...13 Jun What Comes Next?
...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...
04 Mar Blocking SWIFT in Russia
...ban might not be the nuclear option as some have proposed, the willingness of Western allies to act as a coalition on the matter is an important indicator of what is to come. Allies have already blacklisted Russia’s Central Bank, banned Russian flights, restricted its maritime port access, and explicitly placed Vladimir Putin on a Specially Designated Nationals list. Even traditionally neutral Switzerland has agreed to freeze Russian assets. Major private sector entities have also voluntarily divested from lucrative interests, shipping lines have halted or reduced bookings to and from...05 Aug Don’t Blame Us, the United Nations Made Us Do It
...Act. But if the Coast Guard delegates its responsibility for traffic separation schemes to the International Maritime Organization, and if we accept this delegation as relieving the Coast Guard of any responsibility for them, no such recourse is available. The International Maritime Organization is not subject to the Administrative Procedure Act or the ESA…. “[W]hen an agency delegates power to outside parties, lines of accountability may blur, undermining an important democratic check on government decision-making.” Appellees point to no evidence showing that Congress intended to undermine the ability of injured...
06 Feb The ‘Negotiating Text’ of the new WHO Treaty on Pandemic Preparedness and Response: An Initial Analysis and Underexamined Points of Concern
...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...25 Mar Posner and Sykes Book Symposium: Comment by Emilie Hafner-Burton and David Victor
...the law and economics movement, Posner and Sykes evaluate law mainly as an instrument of economic policy. For them, the central questions turn on economic efficiency and on whether states see practical, sustained benefits from participation in international legal arrangements. This approach helps explain why this work will be easy for scholars from political economy and the so-called “rationalist” schools of political science to understand and accept. The economic approach that Posner and Sykes elegantly describe also puts intellectual battle lines into sharp relief. For scholars in law schools and...
18 Aug States of Justice Symposium: Politicised Referrals are Still Referrals Nonetheless
...that will mitigate the use of international criminal justice for political and security ends; and not blur the lines between peace and justice (Werle and Zimmermann 2019, 3). The idea that international justice is “inherently political” (Ba 2020, 65) holds true for the instances highlighted by Ba in the book. Similarly, bringing perpetrators of gross human rights violations to account; providing victims of international crimes with a platform to detail their violation; and providing reparations for victims is also justice. In conclusion, Russian novelist and philosopher Aleksandr Solzhenitsyn writes: “When...21 Feb Would Assassinating Iranian Civilians Be Legal? (Updated)
...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...22 Jul Does the U.S. Need a Declaration of War on Al-Qaida?
...world we live in, not the world we wish we lived in. Such rules should not provide greater protection than we would provide to American citizens held as enemy combatants in this conflict; and they must assure that court proceedings are not permitted to interfere with the mission of our armed forces. In other words, soldiers fighting the war on terror, for example, should not be required to leave the front lines to testify as witnesses in habeas hearings. Affidavits prepared after battlefield activities have ceased should be enough. And,...
09 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: The Production of Visible Evidence in the Gaza Genocide
...and juxtaposing a mass of images and data. This entails gaps and a level of speculation which makes OSINT based evidence subject for reinterpretation and invites immanent suspicion. OSNIT’s promise of access should be considered in relation to larger historical shifts in media technologies that were celebrated as a democratization of media—no longer relaying on a centralized institutional framework, often sponsored by the state—and technological freedom—the lightness, affordability and user friendliness of digital technologies. As critics of media and humanitarianism have showed, this notion of access was tightly tied to...