Search: self-defense
27 Mar More Signs that Serbia is Giving Up on Kosovo: It Plans to Seek an ICJ Opinion
...ground. My current thinking on this is as follows: (1) This remedial type of self-determination must necessarily encompass a limiting temporal element. In other words, after some undefined period of time passes after the end of the HR or SD abuses, the affected people's right to external self-determination would lapse, and revert to the regular right of internal self-determination. This is because practically every multi-ethnic state in the world has undergone times of internecine violence, and they would all unravel if suddenly every group that has been persecuted throughout history...25 Nov So It Turns Out US Ratification of the Convention on the Rights of the Child Would Be Pointless
...the U.S. may be wary of binding itself to any treaty when it need not do so. This is not the only time the U.S. seems to stand alone as one of the world powers who isn't a party to a widely ratified treaty, the Vienna Convention and the Rome Statute come to mind. The whole “self-executing” business comes from the idea that an international treaty is not binding on U.S. domestic law unless either Congress has enacted statutes to implement it or it is self-executing. I’m no expert, but...03 Jun Michael Stokes Paulsen on the Constitution and International Law
...Pres. Carter unilaterally revoked the Mutual Defense Treaty with Taiwan, and the Supreme Court declined to review this action on non-justiciability grounds. But the MDT was almost certainly a non-self-executing treaty -- there were no private rights of action under it (even for Sen. Goldwater), so Pres. Carter's revocation didn't have any effect on domestic law. Brian Has the US ratified any self-executing treaties without including a declaration/reservation to the effect that the treaty provisions are non-self-executing with respect to US domestic law? Brian ...I ask this question because my...
21 May Transparency, Accountability and Legitimacy—Chatham House Report on Military Drones in Europe, Part I
...over the past several years. Influenced by the changing nature of defense and security (including examples such as US disengagement from Europe and Russia’s military assertiveness), the growing interest from individual countries and the emergence of collaborative projects like those mentioned above, Europe will likely see further drone proliferation in the coming years. Outlined in its 2016 EU Global Strategy Document, Europe is seeking a more strategic approach to security and autonomy. Part of this plan includes bolstering defense cooperation amongst member states and investing in defense industries. Two of...26 Apr So Was Congress Thinking of Authorizing Force in Syria?
...other small set of problems around Syrian intervention: international law. The UN Charter says that one state can use force against another in two circumstances: (1) if the UN Security Council authorizes it, or (2) in national or collective self-defense if an armed attack occurs, until the Security Council has time to act. In Libya, we had a UN Security Council Resolution authorizing military intervention. There is no such resolution here, and at the moment, slim prospect of obtaining one given Russia’s opposition to intervention. Is this plausibly self-defense, for...
15 Jan After the International Court of Justice: Business as Usual? Al-Haq and Others versus the Netherlands: District Court The Hague 13 December 2024
...in the view of the judge, the case does not pertain to the question of whether the State’s current policy violates its international legal obligations but instead whether, and if so to what extent, the preliminary relief judge is allowed to assess the State’s foreign and defense policies (para. 4.9). In general, the government is presumed to enjoy wide discretion to shape its policy (beleidsvrijheid) in the areas of foreign policy and defense ‘where strongly political choices have to be made’. This explains why the ruling is largely void of...06 Nov President-Elect Obama on International Law
...trade and non-proliferation as well. Finally, I found Obama’s response particularly interesting with respect to the use of force, where he lays out a traditional articulation of the U.S. right to self-defense plus a preference for multilateral action in other circumstances: I will not hesitate to use force, unilaterally if necessary, to protect the American people or our vital interests whenever we are attacked or imminently threatened. . . . There are some circumstances beyond self-defense in which I would be prepared to consider using force, for example to participate...29 Sep My Summer Vacation (Part IV): Misadventures in Subjecthood
...after all.) Perhaps it is not surprising that the ILC’s commentaries justify its rule on countermeasures by citing the comments it received from the WHO and UNESCO, both of which saw no reason to deny them such powers. One can only imagine the countermeasures that organizations like the WHO or UNESCO now see themselves as licensed to impose on the rest of us. Equally mysterious are the preconditions that the ILC appears to envision with respect IOs’ “self-defense” or their invocations of the defense of necessity. One wonders precisely what...