Search: crossing lines
09 May New Technologies Symposium: How Law and Autonomy (Should) Interact in War and Peace
...actions, the chapter could have discussed further the inherent difficulty in assigning responsibility in complex decision-making systems. Such decisional structures could easily become what I have previously called systems of organized irresponsibility. The lines of responsibility between those who program the software, those that decide on the deployment of an AWS and those who program mission parameters into systems with autonomous capabilities are likely to be difficult to discern. This is especially the case when the underlying technology – as is the case with AWS – makes it virtually impossible...31 Oct Global FEMA?
...costs away from those who cause them. Compensate folks for building houses on floodplains or sand dunes and they’ll just build them again. These problems would presumably be compounded at the international level. So maybe the endpoint is more in the way of today’s state-federal partnerships than in the way of world-government FEMA. FEMA itself is starting to do some thinking vaguely along these lines; here is a news item from earlier this week about an EU-IOM-Namibia agreement that institutionalizes disaster relief in advance. Other such arrangements will surely follow....
30 May Options for a Peace Settlement in Ukraine: Option Paper V – Dispute Settlement Mechanisms and Peace Agreements
...arrangement would be particularly useful given the part-domestic and part-international nature of any likely agreement. It would offer the opportunity of dealing with disputes related to the domestic aspects of the agreement first in a domestic setting (utilising both political and judicial dispute settlement mechanisms) before referring any unresolved matters to an international body. Such an international body could, in parallel, deal with any disputes arising from the international aspects of the agreement. Alternatively, one could consider a hybrid body, for example along the lines of the Joint Supervisory Body...04 Jun Guest Post: Stepping Back from the Precipice in Bond
...of the nation’s population). In his opinion, however, Justice Thomas suggests that the judiciary should begin to draw such lines and should, in particular, recognize that “treaties by their nature relate to intercourse with other nations (including their people and property), rather than to purely domestic affairs.” Justice Thomas acknowledges that “the distinction between matters of international intercourse and matters of purely domestic regulation may not be obvious in all cases.” Even so, he concludes that “hypothetical difficulties in line-drawing are no reason to ignore a constitutional limit on federal...01 Jan Divesting Federal Foreign Affairs Power? The Sudan Accountability & Divestment Act
It’s a happy new year (of sorts) for U.S. Human Rights Groups concerned about the ongoing humanitarian crisis in Darfur. For the last several years, groups such as the Save Darfur Coalition have pushed state and local governments to divest from companies that invest or do business with Sudan. Their efforts have produced some impressive results –since 2005, 22 U.S. states have divested their assets from Sudan, either along the lines recommended by the grassroots Sudan Divestment Task Force, or through some other model (the movement also has a private...
22 May Should Courts Be Back-Stopping Political Citizenship-Stripping Decisions? Not Without Accounting for the Problem of Statelessness
...famously stands for the proposition that such individuals may properly be tried before military tribunals. But the Supreme Court’s Quirin opinion also addressed the question of citizenship because among these unlawful combatants was a naturalized U.S. citizen, Hans Haupt. The Court found that because he had passed “behind [U.S. military and naval lines] in civilian dress and with hostile purpose,” Haupt’s claim to citizenship did not entitle him to civilian legal process. Haupt, a U.S. citizen, was ultimately executed after trial by military tribunal. The Supreme Court thus came nowhere close to...26 Oct Book Roundtable: Ruti Teitel’s Humanity’s Law
I’m delighted to have been asked to participate in this discussion of Ruti Teitel’s Humanity’s Law. Let me start by simply saying what a great read this book is. Congratulations to Ruti on a book that really does shift our thinking about the base lines of international law, challenge conventional notions of a state-centric international legal system, and help make sense of the changes across a range of sub-fields in international law that all do more to privilege the individual. Ruti’s central claim is that there has been a move...20 Sep Events and Announcements: September 20, 2015
...Review. For detailed guidelines about the award, including a link to our rules and regulations please visit the website here or contact us at: hracademy@wcl.american.edu. Calls for Papers/Abstracts: The Junior International Law Scholars Association (JILSA) is holding its annual meeting on Friday, January 22, 2016, at the University of Pennsylvania School of Law. JILSA is an informal network of junior scholars at mostly American law schools who get together annually for a self-funded workshop. Junior faculty and fellows interested in presenting at the meeting should email proposals to MJ Durkee...28 Jun YJIL Symposium: The Seal Products Dispute and the Boundaries of Trade Law
[Simon Lester is the President of WorldTradeLaw.net and a trade policy analyst at the Cato Institute.] This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. Over the past two decades, there has been an effort by many trade law academics and others to define the boundaries of international trade rules in a way that disciplines trade restrictions, while allowing sufficient policy space for governments to regulate in legitimate ways. Rob...
15 Dec Justice for Children Part 1: Progress Made, Gaps Remaining
...for Children: Progress, Gaps, and Future Directions for Accountability” was co-hosted by Save the Children, the Geneva Academy of International Humanitarian Law and Human Rights, the UN Office of the High Commissioner for Human Rights, and Leiden University. It convened leading voices from UN agencies, accountability institutions, civil society organisations, and scholars who work daily on the front lines of these questions. The timing was not incidental. Four years have passed since a similar gathering inspired the 2021 report Advancing Justice for Children: Innovations to strengthen accountability for violations and...