Search: self-defense
22 Nov Overcoming the Veto to Save Lives
...of such elements in the exercise of the right of individual or collective self-defense recognized in Article 51 of the Charter”. It is clear from the foregoing that resolution 377 (V) anticipates that military elements mentioned above could be mobilized for purposes beyond the inherent right of individual or collective self-defense on the recommendation of the General Assembly. The subsequent practice of the General Assembly also affirms the robustness of its prerogatives in respect for the maintenance of international peace and security under the “Uniting for Peace” resolution. By way...21 May The First Serious Defense of China’s Position on the Philippines UNCLOS Arbitration
...that China has interfered with the Philippines’ right to navigation and other rights in areas within and beyond 200 nautical miles of the Philippines cannot be made without engaging in sea boundary delimitations. I have to admit I am not very persuaded by this analysis. In Prof. Talmon’s defense, the essay is very short and not an attempt to provide a deep legal analysis of the problem. But the idea that any challenge to the nine-dash line is excluded from UNCLOS arbitration is hardly obvious to me, since the basis...28 Dec Social Audits as a Defense Against ATS Litigation
Owen Pell at White & Case has a chapter in our book Holocaust Restitution entitled, “Historical Reparation Claims: A Defense Perspective.” The chapter in essence argues that a company that wishes to defend against historical reparation claims must have detailed knowledge about its company history. He writes, “A crucial lesson of the Holocaust asset cases is that companies must invest heavily in historical research so that they will have control and an intimate understanding of the facts.” (p. 331-32). Pell’s advice is sound for historical reparation claims. But if that...