Search: self-defense
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...08 Dec A Brief Reply on the Legal Bases for Intervention in Syria
...Christopher Le Mon’s excellent article on very similar issues ‘Unilateral intervention in Civil Wars: The Effective Control Test Tested’ (2003) International Law and Politics 741. Jordan Turkey has already engaged in limited self-defense targetings inside Syria in response to Syrian armed attacks -- and to my mind, that triggers a de facto and de jure international armed conflict and the law of war paradigm as well as the self-defense paradigm. During an international armed conflict, at least, the chemical and biological weapons are a legitimate military target. Points made in...27 Sep HILJ Symposium: Ozan Varol Responds
...interdependent military is capable of providing institutional support to a nascent democracy because its institutional self-interests often align with the conditions that Madison and others have identified as conducive to the genesis of a constitutional democracy: institutional stability, political pluralism, and national unity. Using comparative case studies, I explore how the interdependent militaries’ self-interested actions have counter-intuitively promoted democratic development and constrained unilateral exercises of power in emerging democracies, which Professor Landau has persuasively argued is the central challenge of constitution-making in a separate article titled Constitution-Making Gone Wrong, Ala....
16 Feb I Beg Your Pardon: Two Lessons from/for America’s Worst Days
...be found in rehabilitation, reconciliation and the last resort principle. Regarding the limits, some contribution can be found in both comparative criminal law and transitional justice. In these, for instance, we could also find an answer to our starting point: The discussion on self-pardon. Departing from the ‘bad examples’ of the self-amnesties adopted by Pinochet (law decree n. 2191/1978) and Fujimori (law 2647/1995) and before them by Mussolini, right after the coup which brought him to power (Royal Decree 1641/1922), the vast majority of scholars rejects the admissibility of self-clemency...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...