In association with the International Commission of Jurists

Search: crossing lines

17 Dec

...hawkish in responding to such measures. So, perhaps it’s not surprising that China’s now also beginning to push its case legally, invoking UNCLOS’s provisions on delineating continental shelf rights beyond its 200 nautical mile Exclusive Economic Zone. Specifically, UNCLOS Article 76 provides in paragraphs 7-9: 7. The coastal State shall delineate the outer limits of its continental shelf, where that shelf extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical miles in length, connecting...
17.12.12 | |

03 Feb

...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...
03.02.19 | |

30 Mar

...available for international law matters, choosing how to spend scarce negotiating capital becomes especially critical. This post outlines four ways states could structure their engagement with international law within the Global Mechanism. From Applicability to Practice The predecessors of the Global Mechanism, the UN Groups of Governmental Experts (operating between 2012–2021) and the Open-Ended Working Groups (2019–2025), approached international law largely at an abstract level. Their deliberations focused on whether existing law applies in the cyber context and whether new law is required to govern this domain. While meaningful progress...
30.03.26 | |

09 Aug

...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...
09.08.23 | |

02 Apr

...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...
02.04.14 | |

05 Feb

...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...
05.02.14 | |

03 Nov

...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...
03.11.23 | |

09 Mar

...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...
09.03.12 | |

18 Oct

...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...
18.10.12 | |

11 Sep

...law, many coming from people who would consider themselves "international lawyers". I would suggest that one reason human rights and/or international human rights law "appear unchallenged" is due to the marginalization of such criticisms by international lawyers and their exclusion from the invisible college. The concept of "human rights" (as opposed to international human rights law) is seen as not the province of international law but of other disciplines such as philosophy or IR which are placed outside the invisible college's walls. As for criticisms of international human rights law,...
11.09.13 | |

14 Jan

...be remarkable. It seems that there were meetings in the last days of July brokered by Mubarak that were possibly a way to resolve this. Something must have gone wrong - possibly seriously wrong - in those meetings leading to an interpretation by Saddam as his having to "put up or shut up" by crossing the border into Kuwait. Best, Ben Liz Always thought the text of the April Glaspie exchange was interesting. Available (well before Wikileaks) here: http://www.chss.montclair.edu/english/furr/glaspie.html The Nation left out the most interesting bit about China. That...
14.01.11 | |

10 Apr

Socrates While the US-India deal does not violate any written portion of the Nuclear Non-Proliferation Treaty, it certainly undercuts the treaty. The compromise at the heart of the NTP is that countries which renounce any right to build nuclear weapons are allowed civilian nuclear technology that they would not otherwise have access to. For this reason, the international community attempts to prevent the sale of nuclear material to non-NTP states. The export of nuclear material is constrained by the guidelines of the Nuclear Suppliers Group and by US law. What...
10.04.06 | |