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...Supreme Court of Canada grappled with questions of self-determination and secession in re Secession of Quebec. The Canadian court found that: [t]he recognized sources of international law establish that the right to self-determination of a people is normally fulfilled through internal self-determination—a people’s pursuit of its political, economic, social and cultural development within the framework of an existing state. A right to external self-determination (which in this case potentially takes the form of the assertion of a right to unilateral secession) arises only in the most extreme cases and, even...

be less on the current situation, but rather whether or not we find that situation acceptable or defensible. Just a couple of additional points. Regarding the suggestion that 'the authors don’t mention teleological interpretation', dynamic interpretation and teleological interpretation are in fact different terms for the same legal interpretive process. As our article is about dynamic interpretation and its limits, you can apply the same analysis to teleological interpretation if that's the term you prefer. Also regarding your point 'the cornerstone of international law is national sovereignty', well the truth...

Today I’d like to offer thoughts on a few aspects of Common Article 3 (CA3) of the Geneva Conventions. I’ve heard lots of questions and concerns about why the President wanted to define in greater detail the terms of CA3. Some say, “The military has been able to train to the standards of CA3 for years. How can it be vague?” Others suggest that efforts to define the terms of the article are simply an effort by the Administration to walk back from its binding treaty obligations. Let me say...

...letter? By the way, substantively, I think the fact that Perisic was simply part of string cite actually makes Judge Harhoff look worse. His whole point (such as it was) was that the Appeals Chamber invented the specific-direction requirement in Perisic to ensure that high-ranking military officers were not held accountable for their crimes. The string cite obviously puts the lie to that claim. Alex Fielding Many thanks, Kevin, for this great introduction to the ICL blogosphere! Regarding the S&Z trial judgement, it is true that specific direction did not...

...review of that determination under the circumstances. All of the legal issues Kevin mentions are ancillary to that primary question. Congress has, in effect, declared “war” on certain organizations (and even some “persons” if one reads the AUMF). The courts possess no power to review that decision, only to ensure its application consistent with any applicable domestic and international law to the extent possible, and only in cases over which the courts may properly exercise jurisdiction. International law does not determine who may be designated an enemy by Congress. It...

...the Indians begin to view the US more rationally and less emotionally. V.Iyer My understanding is that the Indian Govt. is objecting to the strip-search. They interpret this as a violation of diplomatic immunity on the basis of reciprocity and arising out of some supposed 'strategic partnership' the two countries enjoy. In other words, the Indians are saying the State Dept should have issued a statement of interest and certified immunity from criminal, not civil, charges if those criminal charges would result in a 'strip search' which, for cultural reasons,...

...Association for Human Rights (Association in service of the Palestinian Arab Minority in Israel): http://www.arabhra.org/ B’Tselem---The Israeli Information Center for Human Rights in the Occupied Territory: http://www.btselem.org/english/About_BTselem/Index.asp International Humanitarian Law Research Initiative--International Humanitarian Law in Israel and the Occupied Palestinian Territory: http://opt.ihlresearch.org/ Middle East Online: http://www.middle-east-online.com/english/ The Middle East Research and Information Project (MERIP): http://www.merip.org/ Palestinian Centre for Human Rights: http://www.pchrgaza.org/ Palestine Media Watch: http://www.pmwatch.org/pmw/index.asp Professor Juan Cole’s Informed Comment: Thoughts on the Middle East, History, and Religion http://www.juancole.com/ Patrick S. O'Donnell Response... Presumably those with an ardent interest in...

Dean C. Rowan Before checking my credit history, I ran another search in JLR: "web log" weblog. Results: 531 documents. But of course most of these, I imagined, also used "blog" as the shortened form. Surprisingly, the search ("web log" weblog) % blog generated 206 documents! At a glance, the majority of these results included weblog in a URL, not exactly an explicit reference to blogs, but probably an indirect use of one. The same search in ALLNEWS (i.e., either term but not blog): 5,725 documents. In ALLCASES: precisely 10....

...only refers to “piracy as defined by the law of nations.” Judge Jackson determines that the U.S. Supreme Court’s 1820 decision in U.S. v. Smith, upholding the validity of the 1819 statute while declaring that piracy is “robbery or forcible depredations . . . upon the sea” provides the applicable definition. While the court discusses subsequent cases and scholarship, it is dicta under the decision’s logic, and most sources simply refer back to Smith anyway. I see two flaws in the court’s logic. First, as Eugene Kontorovich has already noted,...

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Excellent news for historians researching the Holocaust: the 11-nation governing body of the International Tracing Service, which oversees a massive archive of Nazi documents in Bad Arolsen, Germany, has voted to begin distributing the documents electronically to member states: The archive contains Nazi records on the arrest, transportation, incarceration, forced labor and deaths of millions of people from the year the Nazis built their first concentration camp in 1933 to the end of the war in May 1945. It also has a vast collection of postwar records from displaced persons...

people. We don't want oppression. We want to regain the freedom of our Muslim nation. As you spoil our security, we will spoil your security." And he offered peace as well: "We do not mind establishing a long-term truce between us and you." "In response to the substance of the polls in the US, which indicate that Americans do not want to fight Muslims on Muslim land, nor do they want Muslims to fight them on their land, we do not mind offering a long-term truce based on just conditions...