Search: self-defense
09 Dec “Constitutionalizing” Global Administrative Law or Experimenting With a Hybrid Transnational Legal Order? (a Response by Karl-Heinz Ladeur)
...“eigenvalue” of the differentiated language of law as such. Jerry L. Mashaw has convincingly argued that the doubts of the “lawness” of global administrative law stem from the same origin as the conventional ignorance of the generative power of administration that manifests itself in the emergence of the “internal administrative law” in the 19th century. With reference to administrative agencies that have to operate with an internal perspective of creating a layer of self-binding and self-reflexive rules on the one hand and with an outside view to other private and...
25 Sep Three Reasons Why the International Community Should Engage with the Situation in Belarus
...State has the duty to refrain from any forcible action which deprives peoples referred to above in the elaboration of the present principle of their right to self-determination and freedom and independence. In their actions against, and resistance to, such forcible action in pursuit of the exercise of their right to self-determination, such peoples are entitled to seek and to receive support in accordance with the purposes and principles of the Charter.’ Obviously, this provision was created in the context of decolonization, but if the right to self-determination is applicable...
24 Jul Judge Mindua’s Separate Opinion in Al Hassan: International Humanitarian Law and the Right to Political, Legal and Cultural Self-Determination
...Mindua emphasises, was an exercise of the right of self-determination, which he describes as a pillar of international law [15]. In this way, Judge Mindua begins his analysis by focusing on a jus ad bellum in which the fight for self-determination is a legitimate and justified struggle. Judge Mindua then engages in a theoretical discussion about why non-state actors, such as Ansar Dine/AQIM, are subjects of international humanitarian law. Again, this theoretical question is not at issue in the case. The Prosecution only had to show that Ansar Dine/AQIM demonstrated...12 Mar Bradley Book Symposium: The Reality of International Delegations
...this approach. In that decision, the Supreme Court interpreted a key provision of the U.N. Charter obligating the U.S. to comply with International Court of Justice as non-self executing, thus relieving U.S. courts from any obligation to implement an ICJ’s judgment. In my view, the relevant language could have been interpreted as either self-executing or non-self-executing, but the structural tensions created by a self-executing interpretation tipped the balance. The decision of whether and how to comply with an ICJ judgment was rightly left to either the State of Texas or...28 Oct Contra CIA, Non-Self-Executing Treaties Are Still the Supreme Law of the Land
...the lawyers’ pre-raid analysis – meaning that even if one did not buy the “unwilling or unable” theory, or anything else about the raid, it wouldn’t have mattered. The UN Charter and the Geneva Conventions are non-self-executing treaties under U.S. law, the theory is, so the President is not legally bound. This view embraces a fundamental misunderstanding of the doctrine of self-execution, before and even after the Supreme Court’s 2008 decision in Medellin. A non-self-executing treaty under U.S. law is one that is not automatically enforceable under U.S. law without...
02 Nov The Legality of a SADC Intervention in Cabo Delgado in the Absence of Mozambican Consent
...broad definition of such an attack, does not necessarily establish a basis for the use of force against a non-state actor. This assertion is based on three considerations. First, the term collective action in Article 6(1) likely refers to, at least in part, “collective self-defence” (discussed below). This is also directly established when considering that an armed attack may give rise to a right of collective self-defence; conversely, collective self-defence may be taken in in response to an armed attack. Second, arguments favoring Article 6(1) as a legal basis would...25 Mar Medellin v. Texas: Another Set of Early Thoughts
...not self-executing, although it might be a stretch to say it holds as much. The Chief’s majority opinion does strongly reject the dissenters’ opposite presumption, and that is important in itself. But keep in mind that the Chief carefully distinguishes between the different ways that treaties may or may not be self-executing. The Vienna Convention is plainly self-executing in that it binds the Houston police to give warnings without further implementing legislation, and it may be self-executing in the sense that individuals can assert violations on their own in court...26 Jan Self-Interest and Compliance
decisions that comply with international obligations is based not so much on the effective threat of sanction but on the internalization of those norms into the judiciary itself (of course, internalization of such norms by the executive would also assist compliance). So, why is it that we see compliance by states that we know tend to act out of self-interest? Maybe because sometimes they view it in their self-interest to comply and sometimes because their decision-makers have been acculturated to believe it is the normatively “right” thing to do. And,...