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Search: self-defense

06 Oct

...my FSU J. Transnat'l L. & Pol'y article on Self-Defense Targeting.... (also available on-line at SSRN). Let's "talk" more about self-defense captures and detention. Anonymous Mr Chang presented his arguments at the annual international law conference of the US Naval War College held this past summer. You can listen to the presentation, and the reception that his arguments generated, by clicking on the picture associated with the particular panel of which he was a part by going here: https://www.usnwc.edu/Events/International-Law-Conference-2011.aspx Jordan Response... Kevin: I have read your draft article. Yours is...
06.10.11 | |

12 Mar

...against demographic pressures from the mainland. In contrast to the “external” exercise of self-determination (in the form of secession) now being entertained in Crimea, territorial autonomy involves “internal self-determination”, or the grant of functions of statehood without the right to actually form or join a separate state. Beyond protections related to land and language, for instance, Åland has its own parliament, government, postal system, flag, and national anthem. Internal self-determination was endorsed in the UN General Assembly’s 2007 Declaration on the Rights of Indigenous Peoples, which accords such peoples “the...
12.03.14 | |

08 Sep

...defence? Because affirmative defences admit that the defendant violated the criminal statute in question. As Gardner and Anderson put it in their treatise: An affirmative defense is any defense that assume the complaint or charges to be correct but raises other facts that, if true, would establish a valid excuse or justification or a right to engage in the conduct in question. An affirmative defense does not concern itself with the elements of the offense at all; it concedes them. In effect, an affirmative defense says, “Yes, I did it,...
08.09.14 | |

26 Mar

own reasons to follow the treaty obligation while Oklahoma can decide not to or vice versa. State by state opting into complying with the obligation of the United States would seem the result - almost like the kind of vote by states on treaties the Bricker Amendment was seeking. These thoughts make me worry that I am facing a more radical vision here. At least before this, you had the Supremacy Clause idea covering treaties whether self-executing or non-self-executing. Roberts appears to be putting the non-self-executing treaties in a particularly...
26.03.08 | |

06 Jul

One of the ways to heighten student and faculty interest in international, comparative and cross-cultural legal issues is to examine those issues through the lens of traditional domestic topics. Nothing seems more “local” than criminal defense. The newly published Second Edition of “Cultural Issues in Criminal Defense,” edited by Linda Friedman Ramirez, an attorney in Florida, should put that assumption of locality to rest. The book is an off-the-shelf guide for practitioners, which the publisher describes as follows: Cultural Issues in Criminal Defense is an indispensable book for the criminal...
06.07.07 | |

22 Oct

the defense with redactions. 3 of the 173 documents cannot be disclosed to the defense, directly or indirectly. And here is the breakdown of the NGO documents: None of the 55 documents can be disclosed to the defense in unredacted form. 53 of the 55 documents can be disclosed to the defense in redacted or summarized form. 2 of the 55 documents cannot be disclosed to the defense in any form. As this point, we have no way to know whether letting the Trial Chamber review all of the documents...
22.10.08 | |

02 Mar

...think anything that has occurred in Ukraine rises to the point of Russia have a claim to Article 51 self-defense, but at this point, this isn’t about adjudicating claims, the Russian strategy is about misdirection and wrapping what it does do in a mantle of (seeming) legality. Well, not so much a mantle as a fig leaf. Consequently, given the centrality of the norm of non-intervention, the self-defense argument sounds weak to my ears. But consider how the situation in Ukraine is being reported by the Russian-government funded news source,...
02.03.14 | |

05 Jun

JordanPaust Response... If the law of war paradigm does not apply, one is not locked into a law enforcement paradigm because there might also be a right of self-defense under UN art. 51 == the self-defense paradigm. Since the U.S. cannot be in an armed conflict with al Qaeda as such, this is an important point. My article on self-defense targetings made these points. Further, there have been influences of jus ad and jus in vis a vis each other and since similar general principles pertain (reasonable necessity, distinction, proportionality),...
05.06.12 | |

31 Dec

...the “National Defense Authorization Act for Fiscal Year 2012.” I have signed the Act chiefly because it authorizes funding for the defense of the United States and its interests abroad, crucial services for service members and their families, and vital national security programs that must be renewed. In hundreds of separate sections totaling over 500 pages, the Act also contains critical Administration initiatives to control the spiraling health care costs of the Department of Defense (DoD), to develop counterterrorism initiatives abroad, to build the security capacity of key partners, to...
31.12.11 | |

08 Oct

...of chemical weapons. Koh argues in favor of a new ‘affirmative defense to Article 2 (4)’ of the United Nations Charter which would allow the ‘lawful threat of limited military intervention’ to counter ‘a deliberate large-scale chemical weapons attack’. He regards Syria as a ‘lawmaking moment’ that should be used to clarify ‘the contours of an emerging exception to a rigid rule’. This argument is based on a number of claims and assumptions that merit reconsideration. One may easily concur that the law on the use of force contains ‘grey...
08.10.13 | |

18 Mar

their defense suitable to their conditions and as allowed by law.” Now do you think the term “suitable to their conditions” limited the number of people who had access to arms for self-defense? MR. GURA: It was in England, but that was criticized by the framers. St. George Tucker’s edition of Blackstone – JUSTICE STEVENS: So you think that the Second Amendment is a departure from the provision in the Declaration of Rights in England? MR. GURA: It’s quite clearly an expansion upon it. JUSTICE STEVENS: So that’s not really...
18.03.08 | |

28 Jun

...Article II authority to act in defense of U.S. facilities and troops overseas without first waiting for congressional authorization, a necessary extension of the President’s power (on which there is near uniform agreement) to “repel sudden attacks.” As relevant here, this authority should be understood to extend to the defense of certain organized third parties (whether a state like Britain or our allied non-state Syrian Democratic Forces) operating (as Bobby Chesney puts it) “in close coordination with the U.S. military in a combat setting.” In such a situation, I take...
28.06.17 | |