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Search: crossing lines

20 May

...under IHL would cease to be so merely by the fact of crossing into a neutral third country. The threat that the individual poses would not diminish whatsoever—the only change would be to his/her physical location. This feels like an unnecessarily rigid positivist interpretation of the law. John C. Dehn Jonathan, thanks for responding. I completely agree that resort to IHL and jus ad bellum alone doesn't account for everything in situations where the host state consents to force against a nonstate actor within its borders but with which it...
20.05.13 | |

09 Jun

Ellis Telford Naive question time: Alston refers more than once to international law that requires "transparency and accountability." What and where exactly is this international law? Bryan J. Unrelated, but the Border Patrol shooting of the 15 year old Mexican at the Ciudad Juarez/El Paso crossing seems like an issue ripe for some international law analysis. For example, the evidence thus far shows that the border patrol officer shot the boy when the latter was in Mexican territory. Who gets jurisdiction over the officer, if indeed it is determined to...
09.06.10 | |

17 Jul

Diplomatic Gunboat Imagine if Governors Sarah Palin (born in Idaho but Gov. of Alaska) and Bill Richardson (N.M.) got the respective VP nods. Adding that to the Canal Zone versus Hawaii contest, one could argue that the one most anchored to the Lower 48 was Gov. Richardson, whose own border-crossing birth made him a natural born citizen. It does illustrate some of these different ideas we hold about citizenship and identity....
17.07.08 | |

15 May

Diplomatic Gunboat It is important to expose Trojan horse justifications. A declared policy of 'regime change' is straddling, if not outside, the bounds of international law and the UN Charter. With such a policy a state threatens that it will act on any stretched legal justification it can in order to accomplish its true and aggressive goal of toppling a foreign power. There are plenty of ways to urge policy and legal changes on a foreign government in very strong terms without crossing the line. Unfortunately, despite the lessons of...
15.05.08 | |

27 Feb

...be the case that waterboarding done in controlled conditions without the risk of imminent death - and without crossing the threshold into severe pain - falls short of torture. To deny the existence of such a spectrum is silly. Accordingly, such a practice as applied could conceivably skirt the borderline - something you absolutists are at pains (lol!) to deny! Surely the nuances aren't too subtle for the enfevered minds of the law professors . . . Diodotus Nonsense on stilts. 18 USC 2340 Is that a counterargument? You failed....
27.02.08 | |

29 Nov

...and Ken, yes, you've both anticipated more! I've been in London all week and away from the CTlab blog, so haven't yet posted a notice. The Feral Cities and SWOW talk was excellent, crossing boundaries of all sorts by bringing together academe and the blogosphere in a real world event, and putting together an architectural thinker with an IR specialist. The event was A/V captured, and streaming video will be available within the week. And, as Ken pointed out, we're hosting a symposium on SWOW from 5-8. Chris, if you're...
29.11.08 | |

12 Mar

Jeremy Gans I realise that word limits can be a challenge. But I simply cannot understand how anyone's summary of a humanitarian issue, no matter how short, can simply not mention that over 1000 refugees have drowned trying to reach Australia since 2000, including around 500 in the last three years. Paul Power Your point is well made, Jeremy. Monash University’s Border Crossing Observatory does excellent work in monitoring deaths at sea and in detention among people attempting to get protection in Australia. Many other deaths in Asia, such as...
12.03.14 | |

26 Jul

...Egypt), from the sea and from the air. Israel, thus, remained in full control of the lifelines of the Gaza Strip. It is submitted that this is at least equivalent to a de facto control which, according to Art. 42 of the Hague Regulations, is constitutive for an occupation. If this argument is accepted, the cut of electricity and water supply would be a violation of Israel’s duty to provide for the welfare of the population. Second, like the group of experts, Bothe believes that Israel does not have to...
26.07.14 | |

11 Jul

...relevant Embassies and Missions in Vienna for various types of violations by diplomatic vehicles. With privileges and immunities, diplomats in Vienna hardly pay any fines for unlawful parking, red-light crossing or speeding...etc. Now the Austrians are trying to encourage Embassies and Missions to pay the administrative penalties. I wonder how Austrians may succeed in this attempt as New York once failed to rein in diplomats. Losses I am no economist, but I don't think unpaid congestion charges constitute an economic "loss" per se. Congestion charges involve only transfer of wealth,...
11.07.13 | |

10 Jan

...the war. Many of the viewers see the rulers of Egypt, Jordan and the Palestinian Authority as collaborators with Israel in carrying out these atrocities against their Palestinian brothers. The security services of the Arab regimes are registering a dangerous ferment among the peoples. Hosny Mubarak, the most exposed Arab leader because of his closing of the Rafah crossing in the face of terrified refugees, started to pressure the decision-makers in Washington, who until that time had blocked all calls for a cease-fire. These began to understand the menace to...
10.01.09 | |

03 Oct

How does citizenship fit into the al-Awlaki picture? It’s obviously important. Otherwise he’s just another senior-level al Qaeda operative taken out by a drone. Not insignificant, but not an event that would generate a lot of discussion, especially not on the law. On the other hand, imagine if al-Awlaki had been an American not of Middle Eastern descent and not a dual citizen of a country like Yemen. Think an older, more together version of John Walker Lindh. Would that shift the debate? It’s interesting that most of the headlines...
03.10.11 | |

16 Mar

Chris Levesque The original idea was that Greeland, Icelan, and the UK were important strategic locations for preventing Soviet Submarines from gaining access to the Atlantic during a war for both convoy prtection and to keep Soviet missile submarines away from the coast of the United States. Bases on Iceland also provided a taging location for fighter squadrons whose mission was to intercept Soviet bombers that were attempting to attack U.S. convoys crossing the Atlantic with equipment and troops to reinforce Europe....
16.03.06 | |