Search: crossing lines
19 Aug Eritrea-Ethiopia Claims Commission Awards Final Damages
...10. US$75,000 for other government losses on the Central Front; 11. US$125,000 for looting of property from the Relief Society of Tigray; 12. US$150,000 for damage in Adi Goshu; 13. US$625,000 for shelling damage in Sheraro; 14. US$65,000 for damage caused by the attack on the Mekele airport; 15. US$4,000,000 for profits lost by Ethiopian Airlines; 16. US$1,703,020 for failing to provide Ethiopian Airlines access to its bank accounts at the Bank of Eritrea; and 17. US$7,500,000 for reconstruction and assistance to internally displacedpersons. C. As determined at the liability...21 Jul Guest Post: Jurisdictional Aspects of the Article 12(2) Rome Statute Vessel Provision: Some Thoughts on the Provision’s Dogma and Implementation in light of the Comoros Referral
...which while not embedded in the wording of the provision itself, still constitute part of its essence. The Rome Statute provision was drafted along the lines of article 91 of the UN Convention on the Law of the Sea (UNCLOS). The latter, echoing a strong jurisprudence and treaty tradition stipulates and favours the notion that there must be a genuine link between the flag state and the vessel. This genuine link requirement is critical. While in some instances judicial bodies may have appeared reluctant to assert it, the reason was...
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...
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...