Search: crossing lines
18 Jun Berman Book Discussion: Berman Agonistes
...among diverse normative communities. Global administrative law emphasizes that much modern global governance occurs not in high-profile diplomatic conferences or treaty negotiations, but in less visible “global administrative spaces.” Global administrative law urges that these administrative and regulatory processes be reformed along lines that advance administrative law values, such as transparency, consultation, participation, reasoned decision making, and review. Moreover, global administrative law focuses the accountability and legitimacy of global administrative practices, important dimensions of global governance that GLP does not analyze in detail. To date, only a handful of scholars...
05 Oct ‘Barbie’: How a Film has Reignited the Debate About China’s Claims to Sovereignty in the South China Sea
...South China Sea,’ stating that: ‘[We Hereby] Reaffirm our respect for and commitment to the safety and freedom of navigation in and overflight above the South China Sea, in accordance with international law, including the 1982 UNCLOS.’ Momentarily, however, China-ASEAN negotiations on a ‘Code of Conduct in the South China Sea’ have stalled; nevertheless, guidelines to accelerate them were agreed on 13 July 2023. ‘Blurred Lines’ Meanwhile, the Philippines has approved the release of ‘Barbie.’ The Philippine Movie and Television Review and Classification Board has concluded that the film does...18 Apr More on Baltasar Garzon
...particular irritated many people in Spain, even across the party lines – Garzon’s arrival at the station and taking charge of the investigation ‘on no authority whatsoever other than his own ego’ (I quote an annoyed Zapatero supporter at the time). There was also quite a lot of irritation that Garzon seemed to have unlimited capacities for pursuing universal jurisdiction claims and attendant international headlines abroad – but could not manage to find time, so the allegation went, for piled up, years dragged out, quotidian domestic cases on his docket....
08 Aug Emerging Voices: The Time We Have, the Space We Need
...by way of obliterating the element of time that a reboot of international scholarship was made possible, creating new avenues for academic debate and rerailing intellectual conversations along lines that we somewhat keep following today. But even when the abstract functioning of disciplinary discourse is exposed, its structural bias remains unexplained. For precisely because it is indeterminate and theoretically empowers no-one, international law is also invariably used to disempower the already disempowered. Here, almost on a second thought, the contextuality of time reappears, echo of a broader post-structural turn which...31 Mar HILJ Online Symposium: On the Love of Hybrids and Technicalities
...rights protection, 27-30). We part our ways – although perhaps more in terms of reasoning than the conclusion (p 43) – when the article makes an argument for interdependence of investor’s and State’s rights, with the first claim against the respondent State (whoever of the two it might be brought by) precluding the second one, along the lines of the ICSID Convention (pp 43-9). The first objection is that this argument cannot be based on the principle underlying the rule of the ICSID Convention: article 27(1) does not waive or...
15 May EU Corporate Human Rights Due Diligence Obligations: From Means to Results
...least adequately mitigate them. This makes it clear that duty of vigilance cannot be fulfilled by a tick box exercise. Along these lines, Article 9 requires that the corporation sets a complaint mechanism for legitimate concerns regarding the adverse human rights impacts of the corporation’s activities. As for the duty of care counterpart of HRDD in the Commission’s Proposal, concerns have been raised on the nature of the obligation it establishes. Indeed, national law considers duties of care as obligations of means/best efforts: if the defendant proves that they were...23 Jun New Rules for Cyberwar?
...the U.S. can defend itself by blocking cyber intrusions and taking down servers in another country. And, as in cases of mortar or missile attacks, the U.S. has the right to pursue attackers across national boundaries — even if those are virtual network lines. Under the new Pentagon guidelines, it would be unacceptable to deliberately route a cyberattack through another country if that nation has not given permission — much like U.S. fighter jets need permission to fly through another nation’s airspace. Uri Friedman over at the Atlantic Wire distills...
02 Nov Third Annual Symposium on Pop Culture and International Law: Ground Control to Major Tom: The Role of International Law in the Rescue of Astronauts
...story of an astronaut named Major Tom’s journey into space and his loneliness because of the loss of communication between him and Earth. Thanks to Bowie’s soulful voice and the song’s haunting lyrics, listeners can feel the emotional loneliness of an astronaut travelling through the endless void of space. Furthermore, this song has become a cultural sign, reflecting the relationship between the marvellous imagination of humanity and the magnificent but frightening space, and the impact of the space race on society. If we moved from the world of music to...
30 May Options for a Peace Settlement in Ukraine: Option Paper V – Dispute Settlement Mechanisms and Peace Agreements
...arrangement would be particularly useful given the part-domestic and part-international nature of any likely agreement. It would offer the opportunity of dealing with disputes related to the domestic aspects of the agreement first in a domestic setting (utilising both political and judicial dispute settlement mechanisms) before referring any unresolved matters to an international body. Such an international body could, in parallel, deal with any disputes arising from the international aspects of the agreement. Alternatively, one could consider a hybrid body, for example along the lines of the Joint Supervisory Body...
22 Mar SCSL Symposium: The Important Contributions of the Special Court for Sierra Leone on Amnesties and Immunities–Reinforcing Foundational Principles of International Criminal Law, Part II
...of its creation and its pedigree, was an “international court” along the lines of similarly created (although not identical) institutions – the ICTY, the ICTR, and, of course, the ICC. For this reason, it found that it fit squarely within the Yerodia exception. Likewise, in its 2019 decision in the Al Bashir case, the ICC Appeals Chamber resolved the case similarly. Although Jordan had argued before the Appeals Chamber that the ICC was a ‘foreign’ court, and that it could not exercise jurisdiction over Al Bashir who was a sitting...