Search: self-defense
13 Nov David Bernstein’s “Defense” of Israel’s Pending Anti-NGO Laws
...said to have replied with a defense of the legislation, calling foreign funding of nonprofits interference in Israel’s internal affairs. A senior Israeli official acknowledged that if the bills pass in their current form, they would cause a severe crisis with the EU. Standley has contacted all of the embassies in Israel that represent EU countries, urging them to register their own concerns regarding the legislation. EU ambassadors here are to meet on Tuesday to discuss the issue. The office of the EU in Israel has also approached the embassies...04 Mar Yet Another Defense Attorney Attacked by the Bush Administration
I have written before about the Bush Administration’s war on attorneys who defend individuals accused of terrorism. (See here and here.) A new front has now been opened in that war, with the chief U.S. military prosecutor accusing Major Michael Mori, who is representing David Hicks — the Australian scheduled to be the first GITMO detainee tried by military commission — of violating the Orwellian article 88 of the UCMJ, which prohibits the use of “contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary...11 Nov A Tentative Defense of the Graham GTMO Amendment
...are somewhat uncertain and courts will certainly give Congress broad discretion to regulate those rights. (2) The amendment would create congressional oversight over the procedures governing the detention of the Guantanamo detainees because the Defense Department would have to submit their procedures for determinations as to the legal status of those detainees to Congress as well as any changes in the procedure. (3) The most controversial part of the Amendment is the part removing the jurisdiction of the federal courts from “any action” based on the DoD’s new policies on...
07 Sep BHR Symposium: Global Supply Chains–Where Art Thou in the BHR Treaty?
defense is qualified by Article 8.8, a new provision stating that ‘Human rights due diligence shall not automatically absolve’ a business from liability. Rather, a court (or competent authority) will decide on liability ‘after an examination of compliance with applicable human rights due diligence standards.’ What does this mean? That a business whose HRDD complies with applicable standards has an automatic defense? Or not? And what are those applicable HRDD standards? Article 8.8 is indicating that the mere fact of conducting HRDD cannot be used as a safe harbour for...
16 Mar Possible Draft of a Framework Agreement on the Restoration of Peaceful Relations between Ukraine and the Russian Federation
...powers of local self-government at municipal level within Luhansk and Donetsk, to be established in Ukrainian law. Units of local self-government may exercise their powers in cooperation with one another if they so choose, subject to compliance with the Organic Law on the Special Status. (8) As provided in Annex III, the drafting process of the Organic Law on the Special Status of Luhansk and Donetsk shall be conducted by a Commission, consisting of five representatives of the government of Ukraine and five representatives each of the two principal language...19 Feb International Law and Kosovo’s Independence: Assessing Resolution 1244
...of the key language includes the following from the preamble: Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other States of the region, as set out in the Helsinki Final Act and annex 2, Reaffirming the call in previous resolutions for substantial autonomy and meaningful self-administration for Kosovo, Moreover, the operative paragraphs include the following: The Security Council… 1. Decides that a political solution to the Kosovo crisis shall be based on the general principles in annex...
17 Mar A Self-Reflexive Rebellion: Of Universality and False Empowerment of the Global South
...larger call for de-centering the dominant modes of doing international law research – whether that be the discipline’s epistemological limitations, english-centrism, cultural flattening, or teaching, to name a few. All of these conversations point to the structural asymmetries within the discipline which claims itself to be universal and yet, erases any semblance of the ‘other’. It makes sense, then, as a small act of rebellion for Global North scholars to pursue conversations in a different epistemic register; one that is considerably removed from the discipline’s principal locations of influence and...10 Dec Interview: Martti Koskenniemi on International Law and the Rise of the Far-Right
...have to say: ‘That is true. And I admire your self-confidence.’ But I also think that this self-confidence is part of the problem – because it is an unwarranted self-confidence. It is the cause not only of why so many people in the world suffer, but also why so many people have lost faith in managerial expertise. The problem is this: most people meet experts – such as myself – when they are asked to give solutions to the problems of the world. The expert will then have a 35...