Search: self-defense
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...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...12 Jan Guiora on the Legal Implications of Gaza
Amos Guiora has an essay up on Jurist concerning the Israeli military operations in Gaza. He writes: The IDF launched Cast Lead after two significant developments: Hamas had fired 6,000 missiles from the Gaza Strip into southern Israel during the past three years after Israel had unilaterally disengaged from the Gaza Strip and Hamas had unilaterally violated an Egyptian negotiated cease-fire. This is classic self-defense; to that extent, Operation Cast Lead is not different. From a legal perspective, however, there are three critical differences between Cast Lead and previous IDF...
23 May Development as Domination: Settler Tourism in Western Sahara and the Commodification of Occupied Territories in Trumpist International Law
...and beaches lie on occupied land, within a territory marked by ongoing military hostilities. Western Sahara – a former Spanish colony listed as a Non-Self-Governing Territory since 1963 – has been the subject of competing claims by Morocco and Mauritania, who were largely motivated by its phosphate wealth, and the Algeria-backed national liberation movement “Polisario Front”. On 16 October 1975, the International Court of Justice (ICJ)’s Advisory Opinion on Western Sahara determined that the status of Western Sahara should be decided through the self-determination of the Indigenous Sahrawi people. In...10 Jul EDNY Rules on Corporate Liability for Chemical Weapons Use in Persian Gulf War
be “self-executing,” meaning that a private right of action is explicitly provided for in the treaty or the treaty has been implemented by a U.S. federal statute…. The Bank Defendants argue that the Geneva Convention is not self-executing and therefore does not provide plaintiffs with a private right of action. Plaintiffs concede that the Convention is non-self-executing, but argue that export prohibitions on chemical weapons enacted by the members of the Australia Group and some governments’ efforts to enforce laws against supplying countries such as Iraq with materials to manufacture...26 Mar First Reaction on Medellin, Self-Execution, Etc.
[Mark Weisburd is the Martha M. Brandis Professor of Law at UNC Law School.] I find it difficult to read Medellin as institutionalizing a presumption against self-execution. If that had been Roberts’s intent, the form of his argument should have been, “We presume non self-execution, is there anything to overcome the presumption?” Instead, he analyzed the text, ratification hearings, and practice of other treaty parties to conclude that Art. 94 was not intended to create obligations for domestic courts. The conclusion seems reasonable to me – 94(2)’s according the Security...
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...
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...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...22 Jan Assumptions Behind the Assumptions in the War on Terror (Department of Shameless Self-Promotion)
I have a new paper up on SSRN, appearing shortly in the Wayne Law Review, The Assumptions Behind the Assumptions in the War on Terror: Risk Assessment as an Example of Foundational Disagreement in Counterterrorism Policy. Here is the abstract from SSRN, with apologies from the Department of Shameless Self-Promotion: This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set...