Search: crossing lines

[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...

...to be distributed free to 1 million U.S. schoolchildren, will be set in a war-torn fictional country and feature superheroes such as Spider-Man working with U.N. agencies such as Unicef and the ‘blue hats,’ the U.N. peacekeepers.” At least we know Spidey can scale those ten stories that John Bolton wanted to lop off UN Headquarters! Full story at the FT here. Commentary at the NYTimes Opinionator here. Apparently, the story lines are still being developed. So what UN tasks would you like to see taken on by the superheroes?...

...the army and police, blurring the lines between the two, and started a People’s Militia where neighbor spied on neighbor and civilian members used army-supplied guns and equipment to intimidate those perceived as not sufficiently supportive. Militia membership was a way to show allegiance to the regime. Dissidents were harassed, detained, tortured, or disappeared, their families often forced to self-exile to the United Kingdom or Australia. Victoria, Mahé, Seychelles—March 5, 2021. The Truth, Reconciliation and National Unity Commission (TRNUC)—a truth-seeking body devoted to investigating alleged violations of human rights during...

...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...

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...

...making a prediction of risk from the assurances misses multiple critical lines of inquiry. It concentrates on just a few superficial criteria, and overlooks several key points and the overall context. Certainly, the State Department may have taken these factors into consideration in its internal, confidential evaluations and not mentioned them in its report to Congress, but the report lacks clarity and transparency in this regard. The fact that the State Department chose to only ask four brief, vaguely-phrased, and backwards-looking questions before making predictions on the likelihood of misuse...

...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...

...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...

...with the Rome Statute’s own requirement that the court act consistently with internationally recognized human rights. Given these difficulties, Glennon argues that efforts to criminalize aggression along these lines be dropped. Anthony C lark Arend of Georgetown University and Larry Johnson of Columbia Law School will both provide responses. On Tuesday, Gabriella Blum of Harvard Law School will be presenting her Article The Laws of War and the “Lesser Evil” . Therein, Blum notes that the international humanitarian law (IHL) governing armed conflicts often demands outcomes that run counter to...

...in which the reconstruction of the past event is made. Thus, while adjudicators and investigators examine evidence regarding past events, their examination involves lenses that are affected by current circumstances (like current emotions or contemporary norms of attention). Furthermore, cognitive processes employed by judges or military investigators are vulnerable to well-known biases (such as confirmation bias, which is highlighted in Krebs’s chapter). Buis rightly underlines the role of emotions in IHL. Indeed, recent social cognitive studies underline the role of motivation and emotions (labelled as ‘affect’) in a broad range...

...ironies of the “realism” of political science is that all this reality does not fit their paradigm so they ignore it. This is not to say that all this belief translates into perfect compliance—plainly not. The work of improving law compliance goes on in every legal community. This is also not to say that there is no point in developing empirical methods along the lines Beth indicates. Plainly, well-conducted survey research, for example, can help us to better understand the world we live in. Empirical data can be useful, in...

...in the last century. While views of the relationship between power and international law are diverse, and many approaches straddle heuristic lines, they can be grouped into four intellectual movements: classical legal thought; realism (of which there are three variants); law matters (sociological, rationalist-institutionalist, and liberal views); and constructivism. Each major intellectual movement may be seen as a reaction to the ideas that preceded it, and each may be better understood in the context of international developments contemporaneous with their emergence. In recent years, each major movement has evolved to...