Search: self-defense
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...
08 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: The New Geometries of International Law – Deploying Self-Reflexive Inquiry to Re-Build the Discipline
...of a human vision grounded in contextual awareness. We still need people to establish relevance, structure meaning, and exercise systemic sensitivity. The Self-reflexive Inquiry Method in a Nutshell Both projects – Cartography of Genocide andAnatomy of Genocide –are excellent examples of an intuitive application of the self-reflexive inquiry method grounded in aesthetics, discussed in detail in the last chapter of my recent monograph Art, Aesthetics and International Justice. The purpose of this method is to facilitate deeper engagement with the core assumptions in the field of international justice by focusing...
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...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?...
27 Aug Attacking Foreign Bases in Self-Defence
...directed at the foreign nations and not essentially the United States. On this account, while international law permits self-defence, it accepts that where a state excessively relies on self-defence, to the extent of, for example, executing “attacks on countries in the Gulf”, those who initiated the aggression can be called on to restrain the defending state and summon other states to assist. In other words, the original aggressor can legitimately bring more nations into the conflict, on its side – in this case, a side that has caused untold devastation...
28 Mar Kosovo-Serbia Agreement on the Normalisation of Relations: Not Signed but Binding, Not Formally on Recognition but with Clear Elements of Implicit Recognition
...Marc Weller notes, “they accepted that there would remain differences in their interpretation of their respective legal status. However, they also agreed to what amounted to de facto recognition.” (ii) Association of Serb Majority Municipalities While the above speaks mostly about obligations that Serbia undertakes under the agreement, Article 7 obliges Kosovo to “ensure an appropriate level of self-management for the Serbian community in Kosovo”. Although these commitments were supposed to be elaborated further in the Implementation Plan, it remains unclear what constitutes “self-management” and even more so what is...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....