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...
07 Jul Customary International Law Symposium: Making Sense of Law as Practice (Or: Why Custom Doesn’t Crystallize)
...“rulebook,” I would suggest that it does require shared parameters along the lines I sketched above. Further, I agree with Monica that conduct or positions that exceed existing CIL are “legally cognizable” (1521) and have the potential to affect the content of CIL (1494). However, although such positions are very much part of the process that shapes CIL, they are not CIL, as Monica appears to suggest (1511). In my view, it is important to maintain a distinction, and to be able to assert that such conduct or argumentation is...
10 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: Looking Down and Looking Away – The Aerial Perspective in Investigations of Armed Conflict and Genocide
...the accusation brought by South Africa that Israel was committing genocide against Palestinians in the Gaza Strip. All the photos they used (including video stills, satellite photos, and footage from drone cameras) feature the aerial perspective. The images look clinical, detached, objective. They are annotated with words and lines superimposed on the photos. The Israeli legal team used the visuals to argue that Palestinian fighters had embedded themselves in schools, hospitals, and residential buildings, providing legitimation for the relentless attacks on civilian infrastructure in Gaza. Only weeks later, Forensic Architecture...
13 Apr ICC Prosecutor Symposium: The Appointment of the Next ICC Prosecutor Is Not a Forum for Career Transition
...as a team player? The first two Prosecutors loomed large in the public perception of the Court, and its portrayal in the media. This certainly advanced a better understanding of Prosecution priorities and strategies concerning different cases, but also arguably led to blurred lines concerning the difference between the Prosecutor as a leading representative of the Court, as an institution, and the Prosecutor as a party to proceedings, which are presided over by Judges. Charisma may be important -– a Louis XIVth “sun king” style leader might further raise the...21 Feb Would Assassinating Iranian Civilians Be Legal? (Updated)
...iranian atomic scientists, supporting the simmering insurgencies within Iran, putting the mullahs’ expat business interests out of business, etc. Basically, stepping on the Iranians’ toes hard enough to make them reconsider their not-so-covert war against us in Iraq. And we should have been doing this since the summer 2003. But as far as I can tell, we’ve done nothing along these lines. Reynold’s post prompted a reply in the Rocky Mountain News by Paul Campos, a law professor at the University of Colorado, entitled — appropriately enough — “The Right’s...09 Nov I Wasn’t Paying Attention When the Wall Came Down
...away again. It was very hard for me to believe that this was actually real and tangible, and not something so fragile that a little puff could bring the house of cards down. (I’m not sure if Philip Alston remembers, but we had a conversation on almost exactly those lines, at a human rights conference organized by Philip and Henry Steiner, with me as administrative assistant, on Crete earlier that summer, sitting out on the beach of a Cretan monastery and positively slathered with sunblock.) So I wish I had...
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...05 Dec Annapolis and the Road Map
...Declaration means that Israel and Palestine are prepared to agree along the lines of the Road Map and Oslo, then there is cause for hope. I’ll close with a point about timing, because the 2008 deadline gives me pause. Deadlines are great if you are part way to a deal; apparently the imposition of a deadline was key to the Good Friday agreement. But deadlines can be obstacles, particularly if they are set early on before much has been agreed on and anyone has a sense as to how long...
13 Aug Symposium on Prosecuting Asia-Pacific Crimes: Universal Jurisdiction Under the Future Crimes Against Humanity Convention
...competent international criminal court or tribunal for the surrender of a person” along the lines of Article 90 of the Rome Statute. However, Japanalso proposes to limit the “duty” to prosecute in draft preambular paragraph 8 to crimes with a territorial nexus and to insert a domestic law caveat in DA7(2), indicating narrower support for universal jurisdiction. South Korea proposes adding the option of “surrender” to DA13 (without making it a priority) and calls for ensuring “internal coherence with the jurisdictional framework established” under DA7, and specifically between DA7(2) and...