Search: crossing lines
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...
21 Aug Covid-19 and the Right to Water: The Impact of Handwashing Guidance in Atolls with Limited Running Water
...access to clean washing water (far less potable water) remains a challenge. Covid-19 has exposed existing fault lines in ways that shine a light on the implications of inadequate water supplies. Atolls, Handwashing and Climate Change What has gone relatively unexamined is the impact of climate change on access to water and the additional vulnerability that countries already exposed to its effects are now facing in light of Covid-19. Any positive progressive realisation of access to water, although taking into account the particular circumstances that states might face economically, must...27 Dec Sundays with Stendhal 10: On Epigrams
The Baron could not produce epigrams; he required at least four sentences of six lines each to be brilliant. (The Red and the Black, part II, chapter 34, “The Hotel de La Mole.” Sometimes, alas, I fear this is me.)...
16 Feb UK Okpabi et al v Shell: UK Supreme Court Reaffirms Parent Companies May Owe a Duty of Care Towards Communities Impacted by their Subsidiaries in Third Countries
...Okpabi, and more than 42,000 individuals from the communities of Ogale and Bille in the Niger Delta, alleging that oil spills from the respondents’ pipelines caused severe environmental damage, affecting their land, livelihoods, water sources and health. They sued Royal Dutch Shell plc (Shell), UK-based parent company, and its Nigerian subsidiary SPDC, which operates the joint venture between Shell and the state-owned oil company. But the responsibility of Shell, and the jurisdiction of UK courts over the case, was contested by their legal counsel. Both the High Court and the...
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...18 Oct US Delegation to Dubai Internet Negotiations To Be Larded With (Dominated By?) Industry Reps
...be talkshop, in which included non-state representatives get the extra status that comes with inclusion on an official delegation and some access to state representatives. That would be a bump for lesser known entities like “dotGay LLC” (also on the delegation). But the real dealmaking remains an exclusively intergovernmental undertaking. The other would be along the lines of corporate sponsorship of Olympic competitors. That would be much more robust kind of involvement – the state provides the nameplate but nonstate actors are more like partners than hangers-on. Ultimately it may...