Search: self-defense
17 Oct State Practice regarding Self-Defence against Non-State Actors: An Incomplete Picture
...State may have a right of self-defence against non-state actors operating extraterritorially and whose attacks cannot be attributed to the host State.” This state practice was demonstrated by letters sent by 8 NATO members (Canada, Turkey, the UK, the US, France, Denmark, Norway and Belgium) and Australia to the UN Security Council, concerning use of force against ISIS in Syria, and on “numerous situations over the past two centuries” which included the Caroline incident of 1837, and the 1916 US “Punitive Expedition” in Mexico. I will have more to say...
23 Sep Statehood and Resistance: Scholars Reflect on the West’s Recognition of Palestine(‘s Existence)
...a radically disruptive act that sought to test the usefulness of international law in advancing the causes of anti-colonial self-determination. Yet, as Siba Grovogui explained, the dreams of post-colonial states are only permitted when they do not threaten entrenched hierarchies. In the case of Palestine, this has translated into four decades of European opposition to Palestinian self-determination. Europe’s belated recognition of Palestine will not alter the structuring logic of domination that continues to impede Palestinian freedom. On this occasion, three questions would be more useful and demand investigation and reflection....
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...
14 Jul Intervention in Civil Wars Symposium: Representatives of their Own Peoples–From National Liberation Movements to Opposition Groups
...been interesting to analyse this change of view. In relation to the second question, on the potential exercise of self-determination by these rebel groups on behalf of the Libyan and Syrian people, the answer does not seem to be easy, as Redaelli observes. On the one hand, in its external dimension, most authors have stated that the right to self-determination cannot be exercised outside the context of colonial domination, alien occupation or racist regimes. On the other hand, in its internal dimension, the right to self-determination involves the right to...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,...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...