Search: crossing lines
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...21 Mar CEDAW, Federalism, and Democracy in U.S. International Lawmaking
...and provide assistance to state and local governments (along the lines of the assistance the State Department provides to state and local law enforcement to facilitate enforcement the Vienna Consular Convention). It strikes me that none of this is possible if CEDAW is adopted by treaty, unless further implementing legislation is enacted. An outstanding issue that Oona has not squarely addressed (that may argue for CEDAW to be brought via the treaty route) is the linkage between CEDAW and U.S. v. Morrison. CEDAW’s General Recommendation Number 19 includes gender-based violence...
04 Aug Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Wanted: ‘Widest Adoption Possible’ of the Ljubljana-The Hague Mutual Legal Assistance Convention
...language from ‘shall’ to ‘may’ was necessary—in fact, it could be a deal breaker. The change would permit States that do not recognize the customary nature of universal jurisdiction for crimes under the Convention to nevertheless join (see debates in the UN General Assembly Sixth (Legal) Committee here, here, and here). Ultimately, ‘shall’ was retained—and therefore so too was the substantive obligation. Reading Between the (Red) Lines Ostensibly, these are two examples of compromise with the same goal—seeking the greatest number of State Parties possible. However, the context in 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...
23 Oct Compliance Symposium: The Role of the United Nations Special Representative of the Secretary-General for Children and Armed Conflict
...Armed Conflict was created by the General Assembly ( Resolution A/RES/51/77 ) following the publication, in 1996, of a report by Graça Machel titled the “Impact of Armed Conflict on Children”. The Machel Report provided the first comprehensive assessment of the multiple ways in which children are abused and brutalized in the context of war. It highlighted that contemporary warfare was changing and that the lines between civilian and combatant were no longer clear, with children often on the frontline and directly targeted. It stressed the disproportionate impact of war on children and...
24 Jan Unilateral Cyber Sanctions and Global Cybersecurity Law-Making
...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. ...20 Nov ICJ Gives Colombia an Empty Victory Over Nicaragua
Just a further quick note on the ICJ opinion yesterday (press release here) on the long-running Colombia/Nicaragua dispute over sovereignty and control over certain Caribbean islands. The ruling seems a mixed bag since it recognizes Colombia’s sovereignty and rejects other Nicaragua submissions. But Nicaragua is declaring victory. At first glance, I get nervous when courts (any courts, whether domestic or international) start adjusting lines based on “equitable considerations.” But there are no good ways to do this according to very strict legal rules. So we’ll see if this ruling sticks....24 Oct The Hariri Report, the UN, and Legitimacy
...implies that, like reports of other international organizations, this report ends up with “muddy, often useless conclusions in an attempt to avoid rocking the boat.” Well, I guess someone better tell all those demonstrators in Damascus to calm down. That is not the result of a document that avoids rocking the boat. What is even more interesting are the comments of some of the Syrians in the street when asked about the report. Comments were along the lines of, “well, if these allegations turn out to be true then whoever...05 Nov President for the World
...Americans, and only incidentally to others. Most Americans would hew to that today, but it’s not quite as easy to get there as in the past. Obama’s speech threaded the identity issue with this: “our stories are singular, but our destiny is shared.” I expect we’ll see some elaboration in the inaugural address. Perhaps something alongs the lines of his “citizen of the world” riff at Berlin? The speech will easilly be the most internationally-directed (and consumed) inaugural address in U.S. history. How much will he speak to Americans, singularly,...
12 May Restitution of Cultural Property and Human Rights
...elements for restitution. International human rights law is an example. In this context, the Human Rights Council has recognized that organized looting, smuggling, and theft of and illicit trafficking in cultural property undermines the full enjoyment of cultural rights. In the present post, I will lay down some general remarks concerning the relationship between cultural heritage and human rights law. I will present some alternatives to rely on this body of law in order to enable the restitution of culturally relevant pieces. Another aim of these lines is to suggest...