Search: unwilling or unable
21 Aug Emerging Voices: Now is (not yet) the Winter of our Discontent–The Unfulfilled Promise of Economic and Social Rights in the Fight Against Economic Inequality
...ESRs is not compatible with material inequality. There are limits to the degree of economic inequality that can be reconciled with the notions of equality and dignity that the human rights movements promises. Even if human rights may be rightly said to have become prisoners of the contemporary age of inequality, this imprisonment is not “for life” because ESRs do have the tools and the desire to fight economic inequality. Maybe the problem with ESRs is not that they are incapable and unwilling to confront the spectre of global inequality,...
24 Sep France’s Declaration on International Law in Cyberspace: The Law of Peacetime Cyber Operations, Part II
...the future. Moreover, France does not recognise the right to self-defense against non-State actors if the act is not attributable, directly or indirectly, to a State. It specifically rejects the view held by a majority of the Tallinn Manual 2.0 experts whereby State practice has established such a right in circumstances where use of force against non-State actors “complies with the principle of necessity (…), is the only effective means of defence against the armed attack, and the territorial State is unable (…) or unwilling to take effective actions” to...11 Jul The Conundrum of International Organisations Immunities: Jam et al v International Finance Corporation (Part 2 of 2)
...underlying purposes of international immunities.”’ (First Instance decision, p. 8). The language of a ‘corresponding benefit’ has been presumably developed by the courts to address the problematic drafting of the express immunity waivers included in the constituent instruments of several international financial institutions. In Mendaro, it was said that ‘most organizations would be unwilling to relinquish their immunity without receiving a corresponding benefit which would further the organization’s goals’. Immunity in that case was only restricted for ‘actions arising out of [an organisation’s] external commercial contracts and activities’. The rationale...08 Jan Re-Deploying Troops from Afghanistan to Iraq
...also more than tripled, from three per day in 2005 to more than 10 per day in 2006. With NATO unable or unwilling to stem the rising violence, the Taliban are pressing their advantage. Rather than withdrawing to regroup over the winter, intelligence officials and combat commanders said, the Taliban forces — clad in new cold-weather boots and fleece jackets — are fighting through the bitter cold months. “It is bleak,” said Colonel Chris Haas, commander of the Joint Special Operations Task Force in Afghanistan. Conway said US commanders understand...20 Jul Harmonizing the Laws of Ham
The FDA has approved the import of one Spanish firm’s version of Jamon Iberico Bellota, a cured ham which according to this blog makes prosciutto “taste like shoe leather.” (Don’t expect to see it at your local supermarket, though; at $79 a pound, it’s a little on the pricey side.) (Hat tip: Megnut.) Why is the U.S. Government so unwilling to undertake an exercise in mutual regulatory trust where it would seem most obviously to apply? (The ham approval is more an matter of applying FDA standards extraterritorially — presumably...
23 Sep Organizing Rebellion Symposium: Organizing Responses – A (Partial) Reply to the Blog Symposium
...is that large-scale and heinous crimes are committed against populations deprived of protection against these acts. This would mean that these crimes are either committed by States or State-like entities, or contexts in which the State is unable or unwilling to protect the victim population. Adejoké Babington-Ashaye takes issue with this finding, arguing that the societal context in which a crime is committed should not be a determining factor. And I agree with this legally speaking (as I do with most of her post!): I do not intend – and...02 Nov Calabresi’s Dissenting View on Arar
...on his way and board his flight to Montreal? Canada was evidently unwilling to receive him.” Had Judge Jacobs, who wrote for the majority, bothered himself a bit with the record, he would have discovered that Canada confirmed it was willing to accept him home. Moreover, this is hardly a trivial error. The gravity of the government misconduct in this case comes from the decision to send Arar to Syria when he could have been returned to Canada, sent to Switzerland, or back to Tunisia, where he had been vacationing....