Search: crossing lines
09 Oct Omit Needless Words
...paragraph no unnecessary sentences, for the same reason that a drawing should have no unnecessary lines and a machine no unnecessary parts…. Many expressions in common use violate this principle…. In especial the expression “the fact that” should be revised out of every sentence in which it occurs. So how do the top law journals perform under the microscope of William Strunk and E.B. White? In the countless hours of drafting and editing, do the top scholars and top student editors adhere to this elementary principle of composition? The results...
09 Aug Doing Justice to History Symposium: Doing Justice Through History
...the MRTA armed groups as an armed conflict under international humanitarian law, and 2) it decided to study the history of the conflict in the context of Peru’s history of structural inequality. Thus, the TRC concluded that the Peruvian armed conflict had had a two-tiered explanation: the most immediate cause, it said, was the decision of the Shining Path (and only the Shining Path) to launch an assault on Peruvian democracy. At the more structural level, however, the Shining Path sought to “exploit old historical fault lines, that are transversal...02 Apr HILJ Online Symposium: Greg Shill Responds to Christopher Whytock
...judgments. Instead, the problem—as I argue there and in Part III.A—is a federal statute and uniform act (28 U.S.C. § 1963 and the Uniform Enforcement of Foreign Judgments Act, which is law in 47 states) that effectively dictate the same result. Both laws establish a registration procedure that streamlines the enforcement of judgments across district and state lines: the plaintiff records the judgment with the court clerk and then proceeds to enforce, subject only to sharply limited defenses (e.g., defective process). Given that Part III.B.1 argues that states are not...05 Feb AJIL Symposium: Is the Vienna Convention Hostile to Drafting History? A Response to Julian Davis Mortenson, Part 2
...as internally inconsistent. This contention, however, builds on a misunderstanding of the role of the international legal scholar. Treaty interpretation is an activity that engages many different kinds of agents, including, for example, international legal scholars, judiciaries, state organs and representatives, and state counsels. Not all agents are subject to the same societal constraints, of course. Depending on the capacity of a treaty interpreter, consequently, different lines of action are typically expected. So, for example, is a person acting as state counsel expected to choose the line of action that...
03 Nov Third Annual Symposium on Pop Culture and International Law: Subverting Otherness Against Oppression – Decolonizing International Legal Scholarship Through the Music of Bob Marley and the TWAILers
...educational and religious systems of Western civilization, the ideological pillars of the imperialist colonial order: Building church and university Deceiving the people continually This part calls for epistemological independence, in terms similar to the famous lines from ‘Redemption song’: Emancipate yourself from mental slavery None but ourselves can free our minds ‘Ambush in the Night’ continues the argument against the status quo of colonial and imperialist domination. The song shows Marley’s skepticism and distrust not only of his friends, but of Babylon’s operations in general (political theories, ideologies, educational or...09 Mar Jenni Millbank Reflects on Panel 3 and Responds to Guglielmo Verdirame
...can be definitively drawn between integral and marginal conduct associated with sexuality. Sexual orientation is expressed—and revealed—in hundreds, if not thousands, of subtle and obvious ways through appearance, speech, behavior, dress and mannerisms. Moreover, lines between what is “integral” and what is “marginal” conduct associated with sexual minorities in another culture prospectively drawn by Western decision makers have often failed to properly encompass accepted human rights standards, as the lower level decisions in HJ and HT amply demonstrate. Over a decade of my own research on sexuality-based refugee status determination...
24 Aug Error 404: Responsibility Not Found? Evidentiary Dilemmas in Attributing Cyber Operations
...met before the ICJ and rarely, if ever, before other fora (p. 80-81). In the Bosnian Genocide case, the ICJ was asked to uphold the more relaxed test of “overall control” proposed in the Tadić Appeals judgment (1999) of the International Criminal Tribunal for the Former Yugoslavia. Under that test, conduct such as the US’ in Nicaragua could have given rise to attribution. Yet the Court upheld the “effective control” test as reflecting customary law, arguing that more lenient tests would blur the lines between private and State action (¶¶402-404)....19 Dec Bali High?
...of bold transformation that many think is needed, given the severity of the climate problem. Moreover, the difficulties in negotiating the Bali Roadmap do not bode well for the treaty negotiations that will now commence. Despite the Bali decision, many countries (the United States foremost among them) still appear unprepared for serious negotiations – certainly, not until after the US Presidential elections next year. To make real progress, what is needed, above all, is US domestic action, along the lines of the Lieberman-Warner bill that was reported out of committee...
03 Feb The Appeals Chamber Invents Conditional Post-Acquittal Release
...integrity of its process.” The drafters have already made that value judgment, concluding that the integrity of post-acquittal release requires the acquitted person to be released unconditionally unless exceptional circumstances justify keeping him in detention. That is a perfectly sound position: although an accused person has rights throughout the criminal process, those rights are at their absolute highest following acquittal. At that point in the process, it makes complete sense to structure release along the binary lines contemplated by Art. 81(3)(c). It is problematic enough that the AC decided to...
24 Mar The Potential of Gender Persecution in ICC Case Abd-Al-Rahman: A Twofold Opportunity to Interpret its Customary Status and Intersectional Discrimination
...para 54). Intersectionality fulfils this role enhancing ICL interpretations as it involves the application of customary IHRL standards such as the prohibitions of gender-based violence and discrimination. Intersectionality is not a substantive standard to be implanted in ICL, but a tool to interpret complex discrimination processes underpinning violence through contextualization, capturing the dynamics and lines of force of discrimination (MacKinnon 1023-4). Intersectionality does not involve any concept foreign to ICL but is inherentto it. It addresses concepts such as the prohibition of discrimination and gender-based violence that (as above-mentioned) have...