Search: crossing lines

...decide’ could justify support for independence, or at least good-faith negotiations.  Extending recognition to a separatist state could violate the non-intervention principle if it were created along racist lines (like white Rhodesia) or in violation of the UN Charter (like Republika Srpska or Northern Cyprus), or even if recognition were premature. But none of these apply to Somaliland: nothing in international law prohibits states from recognizing Somaliland. Still, these reasons don’t matter in the face of reflexive support for territorial integrity and the fear of precedential contagion. The general arguments...

...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...

...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...

...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...

...commanders for leading an attack on African Union peacekeepers in Darfur.) However, a successful prosecution requires the prosecutor to prove that the peacekeepers were “entitled to the protection given to civilians . . . under the international law of armed conflict” and that “the perpetrator was aware of the factual circumstances that established the protection.” To prove these elements, prosecutors often point to the peacekeepers’ distinctive uniforms, colors, and emblems to argue that the attackers knew that they were attacking protected peacekeepers, not an enemy force. Blurring the lines between...

...acknowledges that decentralized digital systems cannot be effectively governed through top-down state intervention or private self-regulation alone. Embedding Human Rights in Decentralized Governance  If blockchain governance requires new institutional models to ensure accountability, the same holds true for human rights. Historically, human rights law was designed to hold centralized entities—primarily states—accountable for violations against individuals. But blockchain challenges this premise: it disperses authority, embeds decisions in code, and blurs the lines of legal responsibility. In this context, human rights protection must also evolve to operate within polycentric systems. Just as...

...and Kooijmans recognized that in a post-9/11 world containing failed states, state practice strongly supports the view that an expansive reading of Article 51 to include non-state actors is appropriate. Sunday’s operation was another example of state practice undertaken with the belief that the boundaries of the battlefield are not determined by geopolitical lines but rather by the location of participants in an armed conflict, whether the participants are states or non-state actors. This continues to be the standard for determining where the law of armed conflict is properly applied....

...is obliged to notify the neutral states of risks to innocent shipping. As long as military circumstances allow, the requirement to provide notification must be fulfilled promptly. Delayed notification does not automatically result in a breach of international law.  The Tripartite Mine Clearing Operation  As seen above, the three states being Bulgaria, Romania and Türkiye (“the Tripartite”) have adequately reported the locations and the dangerous presence of sea-mines in the Black Sea near their coastal lines. The fact that all of them informed the international community about the presence of...

...the new lines is none other than the Law of the Sea Treaty, which, as the paper points out, the U.S. has thus far refused to ratify. Actually, this is not as crazy as the Times believes. The U.S. has signed the treaty after all, and it has also recognized many of its provisions as customary international law. U.S. courts apply customary international law all the time in resolving territorial disputes between states, so it seems fine if an executive agency (which otherwise has that authority) wants to use the...

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...

...refute this concern, the Report should have examined all foreseeable and relevant factors that would affect that determination. And given the gravity of the decision, and the failure to pursue various foreseeable lines of inquiry, the Report is indefensible. In fact, we can recall that some reporting claimed that the internal State Department cables between the non-political departments reached a drastically different outcome on the assurances than the Report given to Congress does. We know that a State Department employee who was a contributing author on the first draft of...

...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...