Search: self-defense
12 Sep U.S. Dispatches Military to “Hunt” Militants in Libya
attacks. Some are checking to see whether there are even links with al-Qaeda. I can envision a circumstance where a targeting takes place in Libya with the special consent of Libya, although that is not required under Article 51 of the Charter, and a targeting in some other country. I would imagine that Libya might even request assitance by the U.S. in what would be collective self-defense, and I do not think that Article 51 should be read to exclude self-defense engaged in by a state (like Libya) against non-state...
03 Sep Back to the Drawing Board of the Partition Plan: Vice-President Sebutinde’s Erroneous Account of Palestinian and Israeli Claims of Title to the Territory of Mandatory Palestine (Part Two)
...had the right to decide its political status against the wishes of the overwhelming Arab majority. In her dissent, Judge Sebutinde, responding to an argument that the Arab population living in Mandatory Palestine may have had a right of self-determination, asserts (para. 79): the founding documents of the Mandate (including General Assembly resolution 181 (1947)) are silent on the issue of the self-determination of Palestinian Arabs living within the Mandatory territory, implying that the question of their self-determination was perceived as one of “internal self-determination” that would require negotiation and...08 Nov Guest Post: Self-Executing Treaties, Criminal Law, and Bond v. United States
...treaty could have been self-executing, a possibility Mr. Clement seemed willing to entertain (transcript p. 7). Justice Scalia seemed to think that self-executing treaty would be better because it would require implementation by the states of the United States (transcript p. 33), though he was mistaken because a self-executing treaty binds the judges of every state under the Constitution’s Supremacy Clause. Justice Breyer seemed to think that a self-executing treaty would be worse because it would cut out the House of Representatives (transcript p. 48). And Solicitor General Verrilli made...28 Feb Predators over Pakistan …
the print edition at SSRN. I have been meaning to add, though, that several positions are emerging in new scholarship coming out on this topic. I’m not the only person defending “self defense” as the correct paradigm, for example. Jordan Paust has an important new paper on this, and although we come to very different conclusions as to what and how self-defense does things for you, we share a foundation in international law of self-defense. Mary Ellen O’Connell also has a well known position, ably set out in this book...17 Jan New Article About the (Il)Legality of a Bloody Nose Strike Against North Korea
...the intentional launch of an unarmed ballistic missile into Japan’s territorial waters. The article itself is divided into three sections. Section 2 asks whether either North Korean provocation would qualify as an “armed attack,” the necessary precondition of individual or collective self-defense. Section 3 analyzes what would be required for the U.S. to justify a BNS as the collective self-defense of Japan. And Section 4 discusses whether the U.S. could justify a BNS as its own individual self-defense. The article is based on a presentation I gave last February at...18 Dec How to Increase “Maximum Pressure” on North Korea By Reconsidering Options at Sea
[Lieutenant Commander Yusuke Saito is a legal advisor in the Japan Maritime Self-Defense Force (JMSDF) and a military professor at Stockton Center for International Law, United States Naval War College. The views expressed in this article are of the author alone and do not necessarily reflect the stance of the U.S. Naval War College and Japan Maritime Self-Defense Force.] Introduction The U.S.–North Korea High Level Meeting scheduled for November 8, 2018 was suddenly postponed. Although the reason for the suspension was unclear, reportedly, North Korea has not been willing to...06 Feb Bobby Chesney on Targeting Al-Awlaki
...conflict characterization over the naked self-defense characterization, is on firm ground. It would in my view be on firm ground either way. However, I remain fully committed to the view that self-defense as an independent category remains available as a legal rationale, and that it will be necessary and appropriate in future circumstances. With respect to pure human rights law, outside of armed conflict law, I would emphasize a couple of things. One is that I am not especially convinced that the international human rights law of extrajudicial execution is...03 Sep Washington Post Stories on the CIA and JSOC – and My Prediction of Harold Koh’s Legacy as Legal Adviser
JordanPaust Response... Yes, Harold has emphasized that such general principles condition decisions whether in the context of war (the war paradigm and the expanded theatre of the international armed conflict into Pakistan) and/or the context of self-defense (the self-defense paradigm that has set up disagreement among some textwriers -- see my article at http://ssrn.com/abstract=1520717 Future scholarship should address the role of robotic conduct under the self-defense paradigm and the limits of the reach of permissibility under UN art. 51. What I find most unconvincing is Harold's ploy that we are...12 Apr Self-Publishing Legal Scholarship
I read with great interest Professor Bainbridge’s post a few weeks ago about self-publishing legal scholarship. The discussion Bainbridge linked to in that post by Joe Konrath and Barry Eisler about self-publishing (and expanded upon here) is even more interesting. (Eugene Volokh’s posts from 2009 are also quite useful.) Self-publishing of fiction appears to be the wave of the future. On the other hand, self-publishing non-fiction works, including academic scholarship, is just now on the horizon. SSRN is the first great wave of self-publishing legal scholarship, but it complements rather...16 Feb The Modern Doctrine(s) of Non-Self-Executing Treaties
the 1990s. This doctrine is essentially the same as the private right of action doctrine, but it also prohibits a private litigant from invoking a non-self-executing treaty as a defense. The fourth and final modern version of the doctrine is the no judicial enforcement doctrine. Its origins can be traced to the Medellin decision rendered by the Supreme Court in 2008. This doctrine posits that non-self-executing treaties are the Law of the Land for purposes of the Supremacy Clause but that judges are powerless to enforce them irrespective of whether...