Search: crossing lines

...global order, international lawyers of all stripes will need to develop a greater awareness of the diverse frameworks and narratives through which international law events are understood and arguments are made around the world. The first step in building this understanding is for international lawyers to diversify their sources and networks in an effort to see the world from different perspectives and through other eyes. The motivation for taking this step can be founded in cosmopolitan idealism (thinking international law should be more inclusive) or hard-bitten realism (along the lines...

...But we also remember those who made a difference to the organization and the US relationship with it, e.g., Richard Holbrooke. Holbrooke made a difference at the UN beyond what the administration might have envisioned for the job. He directly and successfully lobbied across party lines to get Congress to pay US arrears to the UN. He succeeded in part through sheer force of personality, in part through convincing the Hill that paying the dues would be central to the US ability to clean up some of the messes at...

...allowed the OTP to open their 2016 investigation into Georgia (p10), a cost now incorporated into the 2017 budget; but at €7,000,000 (p169), the contingency fund is not designed to cover the costs of entire unplanned investigations. In closing, and to use the United Kingdom as but just one example, the opening and closing lines of their general debate address highlights the point that States more than ever are unwilling to back up their rhetoric with adequate financial support.continued support for, and commitment to the International Criminal Court’, only to...

...often measured by how effective and efficient prosecution authorities are. Yet, much more attention should be placed on the judiciary along these same lines. How well judges, and most importantly, chamber staff perform is another critical component in measuring just how successful international criminal processes are.  Putting aside the substance of judgments (which often engenders heated debates, to say the least), it is commonplace for the timeliness and length of international criminal judgments to be subjected to withering complaints as well. It is not hyperbolic to state that the total...

...be shorter than pitching abstracts. They are less oriented towards contextualization and more towards seizing attention. Their purpose is to quickly convey to a journal editor and ultimately to an unknown reader why they might want to read your article or essay. A sharing abstract is something of a sales document (as crass as that may sound) and something of a storytelling text. It can be useful to think about its narrative arc: its beginning, middle, and end. First and last lines are especially important. It can be worthwhile, also,...

...curb malign and criminal behavior in cyberspace. In crafting these rules, the current practice of states with cyber sanctions can provide important elements to be included in a future treaty. Cyber sanctions emerged as a tool to address extraterritorial nature of cyber-attacks. While unilateral in nature, their use can signal red lines in cyber space and thus make evident an emerging state practice in this regard. For this reason, paying more attention to the current use of cyber sanctions should be complementary to the efforts undertaken at the UN level. ...

...mistreated by their superiors, they are simply enduring what they signed up for. So, too, with soldiers in the American all-volunteer military, or the former prisoners who have secured a way out of prison by agreeing to deploy to the front lines in Russia’s war against Ukraine without proper training or equipment. The fact that someone has chosen a life, however, does not vitiate the state’s responsibilities to treat that person as an individual with dignity. What that means, of course, will vary according to the particular context. But the...

...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,...

...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...

...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...

...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...

...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...