Search: self-defense
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...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...17 Sep Scottish Independence Insta-Symposium: International Law Should Matter–Thoughts on the Proposed Scottish Secession
...the decolonization context. Second, the right to self-determination in most instances authorizes a people to exercise its right to internal self-determination, which is typically reflected in a right to form a regional government and/or have other cultural, linguistic, and religious rights respected by the mother state. The right to self-determination, outside of the decolonization context, may lead to the secessionist type of external self-determination only in extreme instances where the mother state chooses to completely disrespect the people’s right to internal self-determination. According to the Canadian Supreme Court in the...
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...
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...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...