Search: crossing lines
16 Jan Can the Security Council Displace Human Rights Treaties? (Al-Jedda, Part 2)
...along these lines: if the members of the UN can give precedence to the Charter, then that is part and parcel of international law. Respecting international law, you would then have to respect Article 103, and its derogating effect on conflicting treaty obligations, as well. But, of course, that is where your second point comes in, namely to show that the members of the could not give precedence to the Charter over obligations owed to non-members. I would argue that they could, in effect, have done that, though not without...11 Feb Harold Koh’s Keynote Speech at University of Virginia
...without infringing upon powers reserved to other branches, or by infringing no more than is permissible under the circumstances. (Enter the uncertainty of a our Constitution, the broad outlines of which were understood to require time to liquidate their meaning.) Moreover, objective advice is not necessarily the same as advocacy. What I advise my client in private is not necessarily the same as what I might ethically argue on my client's behalf in court. So I am curious whether Koh's public statements might be in part explained by the idea...26 Nov Britain to Support Palestine’s UNGA Resolution?
...status of a state to begin with, before the occupation, which is not the case of Palestine. In my opinion, it is senseless to speak of a "government" that does not govern the relevant territory. It is simply an oxymoron. Moreover, some scholars have noted that the rational directing the Montevideo qualifications is Indipendence. Occupation and Indipendence can not coexist. As to the defined territory and the question of borders: the 1967 lines are actually the 1948-1949 armistice lines. All Arab states insisted to include in these agreements a clear...13 Apr House Passes Resolution on Saudi Boycott of Israel
...water or phone lines. The IDF then invaded and reoccupied nearly all of the PA self-rule areas, including the cities of Bethlehem, Jenin, Tulkaram, Qalqilya and Nablus. Soldiers imposed tight 24-hour curfews and cut electricity and water supply to the population. Palestinians, both militiamen and some policemen given arms by Israeli-Palestinian peace agreements, resisted the offensives with force, particularly during pitched battles in Nablus and Jenin. The Israeli operation has been characterized by massive tank deployments and intense shelling of PA and civilian buildings, house-to-house searches, confiscations of arms and...06 Jul Weekend Roundup: June 29-July 5, 2013
This week on Opinio Juris, Kevin posted how there will be no golden arches in the West Bank, kept track of the latest episode of Crossing Lines, and wondered about the anonymity of an ICTY witness whose name was made public by the ICTY. Ken turned the spotlight back to the Chevron/Ecuador dispute. A Washington Post profile on the dispute led him to inquire about third-party litigation finance. He also pointed to Julian’s WSJ op-ed, with George Conway, on Chevron’s legal offensive. Julian has been busy, he also posted an...23 Apr The U.S. Relationship with the ICC Blossoms into a Love Affair?
...the foreseeable future. And the Palestine investigation that Kevin mentions below is going to return the ICC to the U.S. Congress’ attention in the context of Israeli relations, which is the absolute worst context for the ICC. I would say the ICC’s only hope of US ratification one day lies in a slow cultural change. Perhaps this new NBC drama “Crossing Lines” will help. Then again, since it seems to propose that the ICC will operate with a shadowy investigative team of former cops, I wonder if this might backfire…...22 Apr The Right to Health of Venezuelans in Colombia: From Policy to Practice (Part 2)
...of Venezuelans during the COVID-19 pandemic. Although there is no official data, Colombian authorities have estimated that at least 36,000 people have returned to Venezuela using the main crossing point between Colombia and Venezuela since mid-March. In fact, the Colombian government reported that over 600 Venezuelans left Colombia in just one day in April 2020. In the context of a failing healthcare system in Venezuela, on the face of it, this requires explanation. The inadequacy of measures to protect the Economic, Social and Cultural Rights (ESCR) of Venezuelan migrants, asylum...10 Mar Online Symposium: The Globalization of High Seas Interdiction–Sale’s Legacy and Beyond
...decades. Unauthorized border crossing into the European Union has reached its highest levels since record-keeping began in 2008, and the majority of these migrants arrive by sea. Approximately 17,000 unauthorized boat migrants arrived in Australia in 2012, a staggering increase from previous years. Migrant interdiction and migration by sea also triggers its own escalating dynamic. The highly visible tragedies that often result from these dangerous voyages and the bad publicity they spawn spur more intensive policing operations, which, paradoxically, lead to greater risk-taking by those migrants attempting to penetrate intensified...