Search: self-defense
07 Jun The Self-Judging WTO Security Exception
invoke the security exception in good faith, with a margin of discretion. A Member State may do so because of a fear of sanction, out of a sense of norm legitimacy, or because it is in its self-interest to do so. The Article concludes with brief reflections on why nations comply with the good faith obligation of a self-judging exception. Compliance with a self-judging rule offers useful insights into larger questions of why nations obey international law. Rational choice and normative theories best explain compliance with a self-judging international norm....15 Feb Treaties in Constitutional Time
...worked out the contours of self-execution doctrine in terms remarkably similar to those that Marshall would later use in Foster. Their views represented a compromise between the hard line federalist and hard line republican positions that characterized earlier debates. They also linked self-execution doctrine to the last in time rule, as a way of preserving congressional power against the necessary effects of self-executing treaties. The opinion in Foster and the Court’s subsequent last-in-time opinions follow these positions. (Contrast the effort of the Third Restatement of Foreign Relations Law to weaken...25 Jan Executing Foster v. Neilson: The Two-Step Approach to Analyzing Self-Executing Treaties by David Sloss
self-execution is a treaty interpretation question. Second, they have assumed that the modern doctrine of self-execution is essentially the same as the doctrine articulated by Chief Justice Marshall in his seminal opinion in Foster v. Neilson. The consensus view is wrong on both counts. Properly framed, the self-execution inquiry comprises two distinct questions. First, what does the treaty obligate the United States to do? This is a question of international law governed by treaty interpretation principles. Second, which government actors within the United States are responsible for domestic treaty implementation?...
01 Apr A Structural Imbalance: The Law of Occupation’s Treatment of Resistance
was itself a diplomatic device through which major powers deflected demands for explicit recognition of a right to resist (p. 211). This is most apparent in cases of prolonged or settler-colonial occupations, where the ‘temporary’ framework becomes a permanent instrument of control and the need for a codified right to resistance becomes most urgent. Conclusion A right to resist exists at the intersection of the principle of self-determination, individual human rights, sovereignty continuity, and the jus cogens character of self-determination and its consequences for third states. It can be derived...