Search: self-defense
09 Apr What’s the Status of the US-Canada Boundary after Medellin?
then the question of self-executing effect cannot arise. Neither the fact that the treaty as such isn't domestic law nor the fact that there is implementing legislation therefore suggest that the US ought to think of the treaty as either self-executing or not. Nor do I think there's a semi-political point to be drawn from this, at least in the sense of an argument against self-executing effect. Considerations of reciprocity might suggest that there isn't a really good claim to self-executing effect if nothing of the sort exists in the...25 Mar Medellín, Non-Self-Executing Treaties, and the Supremacy Clause
the VCCR’s optional protocol is one such treaty.) Footnote 2 of the majority opinion provides the Court’s new definition: What we mean by “self-executing” is that the treaty has automatic domestic effect upon ratification. Conversely, a “non-self-executing” treaty does not by itself give rise to domestically enforceable federal law. Whether such a treaty has domestic effect depends upon implementing legislation passed by Congress. Whereas forests have been felled on the question of whether a non-self-executing treaty merely fails to provide a cause of action, or also fails to provide judicially...10 Oct More Medellin, or “How the Court Further Confuses the Self-Executing Treaty Doctrine”
...although it seems to turn the original definition of non-self-execution articulated by Chief Justice Marhsall on its head (Marshall had suggested that a treaty is non-self-executing when it is addressed to the “political, not the judicial department”). If the Court can execute the treaty, it would seem to be self-executing at least in the original sense of that term. There were also a few interesting exchanges on the question of the constitutionality of treaty provisions that commit the United States to binding dispute settlement, especially if those decisions were automatically...30 Sep BIT Provisions that Are Self-Executing But Do Not Confer a Private Right of Action
to which this Treaty will be self-executing. This provides that Articles 3-10 of the Treaty are self-executing and do not confer private rights of action enforceable in United States courts. The remaining provisions of the Treaty are not self-executing and do not confer private rights of action enforceable in United States courts.” I’m glad to see that the Senate is carefully addressing the issue of domestic implementation of treaties following Medellin. The dispute settlement mechanisms in the treaty are not self-executing and any arbitration award rendered pursuant thereto must be...
08 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Peoples’ Rights Without Borders? The Significance of the African Charter’s Liberation Ethos to the Palestinian Struggles
...must comply with the right towards people under and outside their jurisdiction especially when the latter ‘are not able to exercise or have been deprived of their right to self-determination’ (Mornah case, para 299). There are neither geographic nor temporal limitations. Third, the practice of African states and the African Charter’s primary monitoring body—The African Commission—is largely in favour of the right of Palestinians to self-determination and exercise of their rights as free people. No African country voted against the UN General Assembly Resolution of 10 May 2024 that determined...25 Jan David Sloss Responds to Carlos Vázquez
not the twentieth century distinction between self-executing and non-self-executing treaties. Next, consider the state of self-execution scholarship a century after Foster. In 1919, Professor Quincy Wright, the leading foreign affairs scholar of his generation, wrote: “all treaties might be called “self-executing” in the sense that their formal conclusion imposes an immediate responsibility upon every governmental authority whose action may be necessary to give it complete effect.” Quincy Wright, The Constitutionality of Treaties, 13 Am. J. Int’l L. 242, 263-64 (1919). Wright’s view reflected the conventional wisdom that prevailed from the...06 Mar Can Crimea Secede by Referendum?
...a right nor necessarily illegal. It is treated as a fact: a secession either was successful, it was not, or it is still being contested. There is, however, a right to self-determination, which is understood to be, for communities that are not colonies and are within existing states, meaningful political participation and the pursuit of economic, social and cultural development under the auspices of that existing state, in this case Ukraine. This conception of internal self-determination makes self-determination closely related to the respect of minority rights and it does not...04 May Breaking the Silence — About Israel’s Assault on Gaza
...co-belligerent that has refused to implement UN Security Council and General Assembly resolutions calling for the immediate and unconditional withdrawal of its armed forces from the occupied Arab territories. It has refused to permit the deployment of a NATO or other international peacekeeping force in the Palestinian territories as well. Nothing has really changed since 2003 when the ICJ advised that Israel had contributed to the creation of an illegal situation and that it can't rely on a right of self-defense or on a state of necessity in order to...18 Sep Ransom and Material Support
...alternative action such as going to the police. They obviously did go to the authorities. So this is quite different from a traditional duress defense, where a defendant doesn't have time to do anything but the illegal act. Here, they went to the authorities and were told not to do the illegal act. SteveLaudig Could the hostage himself be prosecuted were he to pay a ransom. How does self defense and defense of others play in here? Perry Bechky Jens, I just noticed your post, just under the wire for...