Search: crossing lines
13 Jun Should There Be an International Treaty on Cyberwarfare?
...self-defense. The prospect that one State may assume a cyberattack falls below a use of force or armed attack threshold while the victim State perceives it as above those lines is not a happy one — it could lead to an unintended escalation of an incident into a larger armed conflict. Add to this the possibility that a victim State may respond by attacking an innocent third State (or non-State actor) because it holds the mistaken belief (on its own or via a successful false flag operation) that the innocent...06 Feb Response to Roger Alford
...between these two pieces of the story is reasonably clear. The “Goldilocks” part of the story explains why England had a good head start on the race to world power. The clever strategy, the five point plan, shows how the British and then the Americans managed to turn this initial head start into a long term lead. But there is another question. It is one thing to say that having an open society – here, a society eager and able to develop along liberal capitalist lines – is the first...12 Jul Charnovitz on NGOs
...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...
09 Oct Trump vs. International Law: The Trump Administration and International Criminal Justice
...and able to navigate a nuanced relationship with the Court. Although the United States was centrally involved with the negotiations around the Rome Statute, the final treaty ultimately crossed too many of its red lines. At that time, the concern of the administration of President Bill Clinton was a rather amorphous one grounded in American exceptionalism: that a seemingly unaccountable prosecutor would bring meritless or politically-motivated prosecutions against U.S. personnel deployed in response to sovereign and global threats. Nonetheless, President Bill Clinton ultimately decided to sign the treaty on the...21 Oct YJIL Symposium – Response to Professor Melish
...lines that many other countries have created, and that exist in the United States on the local and state level. I can imagine that a national office to coordinate U.S. reporting obligations would be very useful, but I wonder whether national offices would play an effective role in the United States as compared to other countries, in light of the very active litigation-based system for enforcement of US constitutional rights. Many (though certainly not all) national human rights institutions in other countries focus much of their attention on discrimination claims,...16 Sep Corporations for International Law!
Don’t be surprised if you see a headline along these lines in the not-so-distant future. The NY Times today has an interesting lead story on how corporations are now pushing for federal regulation in various areas instead of fighting it, on issues ranging from fuel efficiency to predatory lending practices to cigarette lighter safety. The story highlights three elements of this about-face. First, business would rather have a single set of federal regulations than a patchwork of them from the states. Second, the big players are seeing the downside of...
23 Feb Aerial Incident of 25 December 2024: Issues of Russian Responsibility
[Doniyor Mutalov is a Research Assistant at the Center for International Law and Governance, where he works with Professor Sebastián Mantilla Blanco. He holds an M.A. in Law and Diplomacy from The Fletcher School at Tufts University and was awarded the Leo Gross Prize for excellence in law studies] Facts On December 25, 2024, Azerbaijan Airlines Flight 8243, an Embraer 190 with 67 people aboard, was shot down by the Russian Armed Forces while flying over the Chechnya region of Russia. The plane then crashed in Aktau, Kazakhstan, killing 38...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...