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Search: crossing lines

03 Apr

...extensive lines of code involved, rendering it challenging for enforcement agencies to assess. Unlike conventional technologies where physical characteristics can be examined, AI systems often consist of intricate algorithms with millions of lines of code, making it daunting to verify their functionalities, especially when those functionalities could have both benign and harmful applications.  In addition to the monitoring and verification challenges, AI is increasingly provided as a service rather than a standalone product, complicating export controls and oversight of its use across multiple countries. With the rise of cloud computing...
03.04.24 | and |

11 Apr

...the legitimacy of the judiciary, since “bright lines” can often appear to favor systematically one value or one constituency over another in an area of normative contestation (the authors discuss the now clearly rejected (Shrimp/Turtle) “bright line” that the unadopted Tuna/Dolphin panels invented on PPMs, which systematically excluded a whole range of activist environmental strategies from consistency with WTO law): here we should consider Cass Sunstein’s thinking about “one case at a time.” Where the AB has strayed from this strategy and tried to draw brighter lines, it has usually...
11.04.12 | |

30 Oct

...Mathias Thaler in his recent book, No Other Planet (2022), calls these flaws “fault-lines”. For Thaler, these fault-lines are an essential part of the utopian method. They force the reader to reflect, and probe the utopian project they are being presented with. Such faults and cracks are a common feature of critical utopias as they prompt interrogation of what is meant by utopia, highlight the contingency of the present in the fictional narrative, and open up future potentialities. Utopianism, then, is not just about some utopian destination or place, it...
30.10.23 | and |

14 Dec

[David Matyas is a PhD Candidate and Gates Cambridge Scholar at the University of Cambridge, Lauterpacht Centre for International Law whose research focuses on the laws of humanitarian assistance. Before turning to law, he worked as an aid worker focusing on disaster risk, with placements in Niger and Senegal.] Each year, as the holidays roll around in winter and summer, I’m reminded of a few lines by US Supreme Court Associate Justice Louis D. Brandeis to a young lawyer at his firm. He writes, “The bow must be strung and...
14.12.22 | |

01 Aug

...and (3)). Please see the Yale J. Int'l L. article and our Int'l Crim. Law casebook, chpt. on the laws of war, re: Quirin. Howard Gilbert The Qurin offense is passing through lines without uniform. That is, the Qurin defendents took off their uniforms and in civilian clothes pretending to be civilians they passed through US lines of defense and moved around in our unprotected rear areas. This is an offense against the laws of war that renders them unlawful belligerents and strips them of their combatant immunity. Such people...
01.08.14 | |

10 Oct

...on are all military offenses that have no analogous "crime" in either domestic or international law. There is no actual charge of spying. The offense in Quirin was "passing through lines of defense without uniform". This has nothing to do with spying, or the civilian crime of espionage. It also has a special rule, because if the enemy solider passes back through your lines and rejoins his army then the offense is cancelled out and he can never be charged with it. There is no comparable "home free" rule that...
10.10.14 | |

21 May

[Dr Rick Lines is Executive Director of Harm Reduction International, and a Visiting Fellow at the Human Rights Centre, University of Essex. Damon Barrett is the Director of the International Centre on Human Rights and Drug Policy at the Human Rights Centre, University of Essex and a doctoral candidate in the Department of Law, Stockholm University. Patrick Gallahue is the Communications Director at the ACLU-Connecticut, and former Coordinator of the Death Penalty Project at Harm Reduction International . He is a doctoral candidate in the Human Rights Centre , University...
21.05.15 | |

04 Jun

...prohibited use of force in cyberspace under the jus ad bellum or where the lines are for an attack under the jus in bello. The Tallinn Manual is the paradigmatic example of this (often quite good) work. More recently, States and scholars have moved on to cyber operations below these lines, with attention shifting in Tallinn and elsewhere to which cyber operations may generate counter-measures and defining when cyber operations violate the duty of non-intervention. Such efforts have (so far) had relatively little to say on the question of a...
04.06.15 | |

31 Jan

Well, sort of. Yoo and co-author Robert Delahunty have a provocative piece in the latest edition of the National Interest (“Lines in the Sand,” not available on-line, but you can get it on Lexis) in which they argue against the primacy of the nation-state, or at least the primacy of existing nation-states. The cash-out here, of course, is splitting up Iraq. I don’t know enough about the context there to buy in or out, but it’s clear that in some situations (Somaliland probably now the best example) redrawing borders makes...
31.01.07 | |

29 Apr

For a while there, it looked as if there might be a real fight over Harold Koh’s nomination as State Department Legal Adviser. The Republicans have been casting about for a nomination that they could defeat on some issue of principle (that is, over something not involving a nominee’s tax returns), along the lines of Lani Guinier’s failed nomination to the Clinton Justice Department. It might also be useful for them to pick up a rallying call. Anti-internationalism has looked pretty promising. As fringe elements started taking shots at Koh,...
29.04.09 | |

03 Jan

humblelawstudent Let's clarify a few things. First, let's look at this statement of yours: "I do not know enough to conclude that Israel’s attacks are criminal." Not to nit-pick, but don’t you mean something along the lines of “whether a particular attack is criminal”? Second, you said, “Intentionally directing attacks against buildings dedicated to religion, education, art, or science is a war crime.” But, if such buildings are used by belligerents to create or store weaponry, then those “protected placed” become legitimate targets. See for example the allegations regarding Gaza...
03.01.09 | |

01 May

...is easy to see why his 1970 reasoning resonates throughout the Bush Administration's 2002 and 2003 memorandums. Just as Bybee finds that torture isn't torture, Rehnquist argued that the invasion of Cambodia wasn't really an invasion: "By crossing the Cambodian border to attack sanctuaries used by the enemy, the United States has in no sense gone to war with Cambodia." The Bybee memo offers officials accused of torture the "necessity" defense; in 1970, Rehnquist argued that pursuing Vietcong troops into previously neutral territory was "necessary to assure [American troops'] safety...
01.05.08 | |