Search: unwilling or unable
29 May Americans and Our Military
...and predictably more alienating – for their exclusions. Still, however I might’ve designed the discussion differently, the worst outcome of all here would be not having such discussions at all. As Hayes and others have noted, the country has been living in remarkable silence about the wars this past decade. But inattention and best wishes have done us no favors. What they have done is left us with a nation in which 80% of us “support the troops.” And 90% of us are unable to locate Afghanistan on a map....20 Dec ICJ Decisions Rejected by Eleventh Circuit
...proposition that precedent from the I.C.J. is binding upon this or any other state or federal court in the United States. Unsurprisingly, we were unable to find any controlling case law permitting us to ignore the rulings of the Supreme Court of the United States in favor of one from an international tribunal.” Maharaj underscores the importance of the two pending Supreme Court cases in Sanchez-Llamas v. Oregon and Bustillo v. Johnson. Hopefully those Vienna Convention decisions will provide some clarity regarding the relevance of ICJ decisions on federal courts....03 Jul The NY Times on Bitcoins and China
...unable to do so. They also expressed frustration at the reluctance of the Chinese companies to exercise leadership in the industry. But then consider this description by one of the Chinese CEO of the same meeting: “It was almost like imperialistic Westerners coming to China and telling us what to do… There has been a history on this. The Chinese people have long memories.” Same room; completely different views of the dynamics of the meeting. So, before we deploy too much post-modern, post-Westphalian, post-everything analysis to cryptocurrencies like Bitcoin or...
27 Jul Outsourcing Military AI to Private Tech Companies Compared to Other Privatisation in Warfare, and Beyond: What’s New?
...armed conflict, a narrow interpretation of the requirements for DPH, particularly on direct causation of harm in “one causal step” or as an “integral part” of a “coordinate military operation”, is a high threshold that may not be met by maintenance of existing equipment. As a parallel, the group of experts for the Tallinn Manual 2.0 was unable to agree whether it is sufficiently direct to develop and provide malware: “in circumstances where it is clear that it will be used to conduct attacks, but where the precise intended target...
18 May Getting Ready for Next Time: The Work of the Independent Panel for Pandemic Preparedness and Response
...there was evidence of COVID-19 cases in several countries by the end of January 2020, and that public health containment measures should have been implemented immediately in any country with a likely case of COVID-19; and that it was “not clear” why the Emergency Committee established under the International Health Regulations (2005) did not meet until the third week of January 2021 or why it was unable to agree on the declaration of a public health emergency of international concern when it was first convened. In the same vein, the...
07 Aug Writing in International Law and Cultural Barriers (Part I)
...directly. An under-developed manuscript is one which authors may have done solid research, but are unable to communicate it to other members of its scientific community. Usually, problems in communication are treated as if they were problems of fluency in English language – the common feedback is to ‘have a native speaker to review the text’. This advice may be helpful for fine-tuning a text and making sure that specific points are clear, but does not solve broader structural and presentation issues that arise from legal culture and education. AJIL...04 May Pope Benedict: International Law Theorist
...of every man and woman, today find renewed emphasis in the principle of the responsibility to protect. This has only recently been defined, but it was already present implicitly at the origins of the United Nations, and is now increasingly characteristic of its activity. Every State has the primary duty to protect its own population from grave and sustained violations of human rights, as well as from the consequences of humanitarian crises, whether natural or man-made. If States are unable to guarantee such protection, the international community must intervene with...08 Feb The Meaning of It All
...The Whigs will not build a global Tower of Babel, a single set of laws and values that overshadows the whole world, but those who resist and oppose Whig civilization will be unable to free themselves from its presence. (pp. 386-87). We face a quintessentially Niebuhrian situation. The Anglo-American Whigs, caught up in the enthusiasm for their global project of liberation and development, cannot lose sight either of the ways their project affects others, or of the roots of their ideology in their own culture values and interests. And yet...22 Sep What are Failed States and Do They Matter?
...supplying education and health services, and maintaining economic and structural infrastructures. In fact, a failed State is unable to provide political goods to its citizens and to the international community. These goods include security, border control, a political structure, physical infrastructures, a judicial system, education and health-care, and commercial and banking systems. State failure is multi-formed and can be depicted as a continuum, as the State becomes progressively less capable of performing its functions and becomes more and more ‘failed.’ Complete State collapse is the ultimate, and rare, result, while...16 Jul State, Law and Sexual Orientation in Africa: A peep into the judgment of the Kenyan High Court
...each category even though it separately addressed each constitutional provision raised by the Petitioners. In the first category consisting of the right to equality and freedom from discrimination, the right to the highest attainable standards of health, the right to fair hearing and the right to freedom of conscience, religion, opinion and belief, faced with solid legal arguments built around international law and comparative jurisprudence, the Court opted to frame and resolve the issues as questions of evidential burden that the Petitioners were unable to discharge. Despite the testimony supplied...