Search: unwilling or unable
13 Aug Microfinance Creating Credit Bubble in Places in India?
...tax liens, obviously made-to-order. Over time it became clear that, even politically connected as we were at the time, and well funded, etc., we could not really prevent a takeover by a local government that was identical to the local mob in a provincial Russian city out towards Siberia. (Sound familiar? See this excellent Washington Post story by Philip P. Pan today.) We were lucky and managed to sell our stake to a Norwegian company that probably simply paid the necessary bribes we were unwilling to pay and probably did...24 Jan President Bush’s Foreign Policy Speech
...and this third prong will continue to be controversial in the coming years as we face the specter of a nuclear Iran. There will continue to be threats that do not pose imminent harm–such that traditional international law self-defense justifications are triggered–but nonetheless present grave threats to national security. With news that China and Russia are presently unwilling to even recommend the question of Iran’s nuclear development for referral to the Security Council, we are poised in the coming year for another international crisis without Security Council supervision. The United...15 Dec Still a Bad Idea: Military Commissions Under the Obama Administration
...of the defendants to select counsel they trust, the tribunals’ reliance on over-classification practices, use of evidence obtained through coercion despite the statutory ban on doing so, and lack of equal access to witnesses and flawed discovery processes that collectively undermine the ability of defendants to mount credible defenses. The use of substandard tribunals to try aliens which we are wholly unwilling to submit our own nationals to is entirely unprecedented in the history of U.S. military justice and provides the potential basis for an equal protection challenge. If reviewing...
16 Sep Schrödinger’s Sovereign: Statehood, Consent, and the Fictions of Sovereign Equality
...realm of international relations. In this context, one may consider the question: Are states deemed “recognised” due to their “civilised” status, or are they considered “civilised” primarily because they are the entities granting recognition? The “cat meows”. It is, indeed, alive. However, the “observers”, predominantly powerful states and institutions, choose to disregard this reality, as acknowledging it would require embracing a truth that they are unwilling to accept. Statehood, akin to civilisation, transforms into a performative privilege reserved for those already encompassed within a certain “elite” circle. For others, no...
30 Mar International Cyber Law Strategy for the UN Global Mechanism
...states’ public record of cyber activities appears consistent with international law. If properly scoped, such a function would help align how states apply and interpret international law in cyberspace, while also introducing a degree of peer accountability. Of course, it is unrealistic to expect that a review proposal along these lines would be adopted without significant resistance, particularly given that many, if not most, states would be unwilling to subject themselves to mandatory review. Any such function would therefore need to be introduced initially on an opt-in basis. Moreover, key...
28 Nov Islam and International Criminal Law: The Question of Complementarity and Ijtihad
...perhaps the former being more relevant. ‘Unwillingness’, explained further in Article 17(2) means sham trials to shield perpetrators, unjust delays, or lack of independence or impartiality (Otto Triffterer and Kai Ambos explain that this list is exhaustive). The case in question, i.e. not prosecuting based on legitimate ijtihad, does not appear to fall under any of the ‘unwillingness’ options. We must be clear that such a decision is not an act of shielding persons from proper justice processes. At this point, it appears simple: complementary may be fulfilled. However, there...24 Jun On Calling Things What They Are: Family Separation and Enforced Disappearance of Children
...general). It is simply not the same to speak about “detention centers” than to speak of “concentration camps”. Calling past or ongoing atrocities what they are is an important first step for a society to act on said atrocities. As Heidi Matthews points out with regard to the Canadian MMIWG Report, “[t]hinking about Canada’s past and present through the lens of Indigenous genocide questions the foundations of Canadian sovereignty in a way that, until now, the Canadian people and its government have been unwilling to do”. This is a good...