Search: crossing lines
08 Jan Liberia’s TRC Begins Work
The beginning of Charles Taylor’s trial before the Special Court for Sierra Leone is obviously big news, and those who are interested in the trial should check out the live-blogging and analysis here. But Taylor’s trial should not overshadow an equally important event related to the civil war in Liberia — the launch of Liberia’s Truth and Reconciliation Commission: The commission was established along similar lines to South Africa’s post-apartheid body. Since 2003, Liberia has inched forward, helped by the presence of thousands of peacekeeping troops. The conflict saw the...03 Feb Sorting through the Torture Debate: Lederman in a Split Decision
...discretion here. If the Administration has a policy to treat detainees “humanely” but nonetheless prisoners are not being treated “humanely” as well as (possibly) in violation of certain laws, the Administration is responsible for not preventing these abuses, even if they were not technically illegal. In order for the Administration to use coercive interrogations skirting the lines of legality, they must demonstrate the judgment and the credibility that they would wield such power judiciously. Their record thus far is not very reassuring, to say the least. No one in the...
19 Sep When the World Looks Away: How the Iran–Israel Conflict Diverted Focus from Ukraine
...killing at least ten people and multiple assassination attempts targeting President Zelensky, the recent Iran–Israel conflict stands as a powerful case study in how emerging regional crises can dominate headlines and divert international attention away from Ukraine’s ongoing fight for survival. This split focus provides Moscow with a strategic window to escalate, while Europe and a Trump-led United States juggle diplomatic priorities. The global order, long anchored in deterrence and alliances, is being tested simultaneously on multiple fronts. As tensions in the Middle East have absorbed much of Washington’s and...
25 Oct What Black Widow Can Teach Us About Human Trafficking Law
[Samantha Franks is an associate at a law firm in Washington D.C., where she specializes in international trade. She is a former Frederick Douglass Fellow, a former Fulbright postgraduate scholar, and a current member of the Department of Health and Human Services Office on Trafficking in Person’s working group.] For many fans of the Marvel Cinematic Universe, the 2021 release of Black Widow felt like a breath of fresh air. After twelve years on the sidelines, the film finally gave the first female Avenger, portrayed by Scarlett Johansson, a story of her...10 Jun Pride 2020: a time for vigilance, collective action and digital spaces in the COVID-19 pandemic
...inequalities and fault-lines within society. As the world slowly returns to a not-so-normal new normal, social, financial assistance and access to safe, secure homes and the right to housing for LGBTQ persons will remain illusive. Without protection from discriminatory application of laws, lockdown and COVID-19 related measures, LGBTQ persons will continue to be disproportionately targeted by police in the application of new emergency criminal law. The increase in executive control shifts state power towards authoritarianism in many places and this does not auger well for human rights protections that we...04 Sep Executive Discretion and Congressional Indecision
...counterterrorism policy — that is, a war on terror — is as important as the White House believes it is, then it merits the blessing of the legislature and ought not to exist merely at the discretionary whim of some future president. On the eve of midterm elections that could reverse Republican control of at least one house of Congress, (see here, here and here) one would think that this would be a particularly propitious time for the Bush Administration to work with Congress along the lines Anderson is suggesting....
23 Aug International Investment Law Symposium: Is Foreign Direct Investment a Blessing or a Grift?
...Arbitrators preserve the solipsistic thinking of investors, translating special interests into general principles of the regime. Normative conflict is the only possible outcome as each demographic battles over jurisdictional lines. For example, a clever argument recently pursued to support the injection of human rights into the adjudication of panels is the ‘necessity defence’ under customary international law. Do prospective violations of human rights or ecological sustainability amount to a “grave and imminent peril”, permitting states to breach their investment treaty obligations? While this might seem like overreach, some investment tribunals...
07 May Reassuring the Inviolability of Diplomatic Premises: Worrying Trends from Ecuador to Syria
...property. In the days leading up to the raid, Mexico’s foreign relations secretariat decried the build-up of Ecuadorian police forces outside the embassy. Afterwards, Ecuador described Mexico’s conferral of asylum to Glas as an abuse of privileges and immunities, entitling Ecuador to apprehend the asylee. Tehran Hostages (1980) is the leading ICJ case on inviolability. In it, the Court characterizes diplomatic law as a self-contained regime which outlines both the obligations of the receiving state with respect to diplomatic missions, and the means by which they can respond to abuses...